§ 3228 — Newspaper carrier

* § 3228. Newspaper carrier. 1. Definition: A "newspaper carrier" is a\nminor between the ages of eleven and eighteen years of age who engages\nin the occupation of delivering, or selling and delivering, newspapers,\nshopping papers or periodicals to customers at their homes or places of\nbusiness. For purposes of this section shopping papers shall mean those\ncommunity publications distributed, for the purposes of advertising and\npublic information, to the consumer without consideration being paid\ntherefor by the consumer.\n Such papers shall:\n (i) be distributed to the public on a community-wide basis;\n (ii) be published at stated intervals at least fifty times a year;\n (iii) have continuity as to title and general nature of content from\nissue to issue;\n (iv) contain in each issue community notices or editorial comment or\narticles by different authors; and\n (v) contain in each issue advertisements from numerous unrelated\nadvertisers including non-commercial advertisements.\n The term "shopping papers" shall not include mail order and other\ncatalogs, advertising fliers, travel brochures, house organs, theatre\nprograms, telephone directories, shopping and restaurant guides, racing\ntip and form sheets, shopping center advertising sheets and similar\npublications.\n 2. A "newspaper carrier" shall possess a newspaper carrier permit and\nshall carry it upon his or her person when engaged in the occupation of\ndelivering, or selling and delivering, newspapers, shopping papers or\nperiodicals to homes or places of business.\n 3. A newspaper carrier permit shall be issued on a form prescribed by\nthe commissioner of education to a minor qualified to participate in\nphysical training as provided for in section thirty-two hundred four of\nthis chapter. Minors that are not participating in physical training may\nbe issued a permit with the approval of the school physician.\n 4. No newspaper carrier shall be engaged in delivering, or selling and\ndelivering, newspapers, shopping papers or periodicals before five\no'clock in the morning nor after seven o'clock in the evening or thirty\nminutes prior to sunset, whichever is later, nor during the time the\nminor is required to attend upon instruction, nor for more than four\nhours in any one day when school is in session, nor more than five hours\nin any one day when school is not in session.\n 5. No minor under eleven years of age may engage in the occupation of\ndelivering, or selling and delivering, newspapers, shopping papers or\nperiodicals to customers at their homes or places of business.\n 6. The school authorities may revoke the permit for cause after due\nnotice.\n 7. Enforcement. The police shall enforce the provisions of this\nsection except with respect to the issuance and revocation of permits.\nThe industrial commissioner shall have concurrent power to enforce this\nsection except with respect to the issuance and revocation of permits.\n 8. It shall be unlawful for any person or corporation to wilfully and\nknowingly deliver or cause to be delivered newspapers, shopping papers\nor periodicals to a newspaper carrier who is not in compliance with the\nprovisions of this section.\n * NB Repealed May 9, 2027\n