§ 870-m. Exceptions. (a) In the case of an amusement device, viewing
stand or tent operated in a carnival, fair or amusement park located in
a city having a population of over one million, a permit or license
issued by such city shall satisfy the requirements of section eight
hundred seventy-d of this article, provided that all the requirements
for issuance of a permit by the commissioner have been satisfied.

(b) This article shall not apply to the use of a viewing stand or tent
on any state or county fairgrounds or to the use of a viewing stand or
tent owned, leased or operated by any bona fide religious, charitable,
educational, fraternal, service, veteran or volunteer firefighter
organization; except that it shall apply to any private owner or lessee
who operates an amusement device, viewing stand or tent on a state or
county fairground, or for or on behalf of such organization.