§ 3228. Newspaper carrier. 1. Definition: A "newspaper carrier" is a
minor between the ages of eleven and eighteen years of age who engages
in the occupation of delivering, or selling and delivering, newspapers,
shopping papers or periodicals to customers at their homes or places of
business. For purposes of this section shopping papers shall mean those
community publications distributed, for the purposes of advertising and
public information, to the consumer without consideration being paid
therefor by the consumer.

Such papers shall:

(i) be distributed to the public on a community-wide basis;

(ii) be published at stated intervals at least fifty times a year;

(iii) have continuity as to title and general nature of content from
issue to issue;

(iv) contain in each issue community notices or editorial comment or
articles by different authors; and

(v) contain in each issue advertisements from numerous unrelated
advertisers including non-commercial advertisements.

The term "shopping papers" shall not include mail order and other
catalogs, advertising fliers, travel brochures, house organs, theatre
programs, telephone directories, shopping and restaurant guides, racing
tip and form sheets, shopping center advertising sheets and similar
publications.

2. A "newspaper carrier" shall possess a newspaper carrier permit and
shall carry it upon his or her person when engaged in the occupation of
delivering, or selling and delivering, newspapers, shopping papers or
periodicals to homes or places of business.

3. A newspaper carrier permit shall be issued on a form prescribed by
the commissioner of education to a minor qualified to participate in
physical training as provided for in section thirty-two hundred four of
this chapter. Minors that are not participating in physical training may
be issued a permit with the approval of the school physician.

4. No newspaper carrier shall be engaged in delivering, or selling and
delivering, newspapers, shopping papers or periodicals before five
o'clock in the morning nor after seven o'clock in the evening or thirty
minutes prior to sunset, whichever is later, nor during the time the
minor is required to attend upon instruction, nor for more than four
hours in any one day when school is in session, nor more than five hours
in any one day when school is not in session.

5. No minor under eleven years of age may engage in the occupation of
delivering, or selling and delivering, newspapers, shopping papers or
periodicals to customers at their homes or places of business.

6. The school authorities may revoke the permit for cause after due
notice.

7. Enforcement. The police shall enforce the provisions of this
section except with respect to the issuance and revocation of permits.
The industrial commissioner shall have concurrent power to enforce this
section except with respect to the issuance and revocation of permits.

8. It shall be unlawful for any person or corporation to wilfully and
knowingly deliver or cause to be delivered newspapers, shopping papers
or periodicals to a newspaper carrier who is not in compliance with the
provisions of this section.