a

permit is to be granted, shall be entitled to a new permit upon presentation of a statement from prospective employer as hereinbefore provided. (Added by L. 1918, ch. 628, in effect May 11, 1918.)

vision over

certificates

§ 166. Supervision over issuance of certificate. The Superboard or department of health or health commissioner issuance of a city, village or town, shall transmit, between the of first and tenth day of each month, to the commissioner of labor, a list of the names of all children to whom certificates have been issued during the preceding month, together with a duplicate of the record of every examination as to physical fitness, including examinations resulting in rejection. Such list shall be accompanied by a statement in a form which shall be prepared and furnished by the commissioner of labor, certifying to the kinds of evidence of age, together with the number of each specified kind, accepted by the officer issuing employment certificates as proof of age for the granting of employment certificates. The board or department of health or health commissioner of a city, village or town shall likewise transmit weekly to the superintendent of schools of each such locality, a list of the names and home addresses of all children granted or refused employment certificates, together with a statement showing in each rejected case the reason for such refusal.

In cities of the first and second class all employment certificates and school records required under the provisions of this chapter shall be in such form as shall be approved by the commissioner of labor. In towns, villages or cities other than cities of the first or second class, the commissioner of labor shall prepare and furnish blank forms for such employment certificates and school records. No school record or employment certifi- Supercate required by this article, other than those approved over issuor furnished by the commissioner of labor as above pro- antificates vided, shall be used. The commissioner of labor shall

inquire into the administration and enforcement of the

vision

of

Registry

provisions of this article by all public officers charged with the duty of issuing employment certificates, and for that purpose the commissioner of labor shall have access to all papers and records required to be kept by all such officers. The commissioner of labor shall transmit to the local superintendent of schools between the first and tenth day of each month, on forms prepared and furnished by the state education department, a list of the names and home addresses of all children under sixteen years of age found during the preceding month, working illegally in factories or for any factory at any place or in any establishment specified in section one hundred and sixty-one of this chapter. (Added by L. 1913, ch. 144, and amended by L. 1917, ch. 536, in effect May 17, 1917.)

§ 167. Registry of children employed. The owner, of children manager or agent of a mercantile or other establish

employed, mercantile establishment

Health

ment specified in section one hundred and sixty-one, employing children, shall keep or cause to be kept in the office of such establishment, a register, in which shall be recorded the name, birthplace, age and place of residence of all children so employed under the age of sixteen years. Such register and the certificate filed in such office shall be produced for inspection, upon the demand of an officer of the board, department or commissioner of health of the town, village or city where such establishment is situated, or if such establishment is situated in a city of the first or second class, upon the demand of the commissioner of labor. On termination of the employment of the child so registered and whose certificate is so filed, such certificate shall be forthwith surrendered by the employer to the child or its parent or guardian or custodian. An officer of the

officer may board, department or commissioner of health of the

class the commissioner of labor may make demand on an employer in whose establishment a child apparently under the age of sixteen years is employed or permitted or suffered to work, and whose employment certificate is not then filed as required by this chapter, that such Registry employer shall either furnish him, within ten days, employed, evidence satisfactory to him that such child is in fact mercanover sixteen years of age, or shall cease to employ or lishment permit or suffer such child to work in such establishment. The officer may require from such employer the same evidence of age of such child as is required on the issuance of an employment certificate and the employer furnishing such evidence shall not be required to furnish any further evidence of the age of the child. A notice embodying such demand may be served on such employer personally or may be sent by mail addressed to him at said establishment, and if served by post shall be deemed to have been served at the time when the letter containing the same would be delivered in the ordinary course of the post. When the employer is a corporation such notice may be served either personally upon an officer of such corporation, or by sending it by post addressed to the office or the principal place of business of such corporation. The papers constituting such evidence of age furnished by the employer in response to such demand shall, except in cities of the first and second class, be filed with the board, department or commissioner of health, and in cities of the first and second class with the commissioner of labor, and a material false statement made in any such paper or affidavit by any person shall be a misdemeanor. In case such employer shall fail to produce or deliver to the officer of the board, department or commissioner of health, or in cities of the first and second class to the commissioner of labor, within ten days after such demand such evidence of age herein required by him, and shall thereafter continue to employ such child or permit or suffer such child to work in such mercantile or other

Lunchroom in mercantile establishment

Employment of women and

establishment, proof of the giving of such notice and of such failure to produce and file such evidence shall be prima facie evidence in any prosecution brought for a violation of this article that such child is under sixteen years of age and is unlawfully employed. (Amended by L. 1913, ch. 145, § 14, in effect Mch. 28, 1913.)

§ 169. Lunch-rooms. If a lunch-room is provided in a mercantile establishment where females are employed, such lunch-room shall not be next to or adjoining the water-closets, unless permission is first obtained from the board or department of health or health commissioners of the town, village or city where such mercantile establishment is situated, unless such establishment is situated in a city of the first or second class in which case such permission must be obtained from the commissioner of labor. Such permission shall be granted unless it appears that proper sanitary conditions do not exist, and it may be revoked at any time by the board or department of health or health commissioners, if it appears that such lunch-room is kept in a manner or in a part of a building injurious to the health of the employees, unless such establishment is situated in a city of the first or second class, in which case said permission may be so revoked by the commissioner of labor. (Amended by L. 1913, ch. 145, in effect March 28, 1913.)

§ 171. Employment of women and children in basements. Women or children shall not be employed or children in permitted to work in the basement of a mercantile

basements, mercantile establishments

establishment, unless permitted by the board or department of health, or health commissioners of the town, village or city where such mercantile establishment is situated, unless such establishment is situated in a city of the first or second class in which case such permission must be obtained from the commissioner of labor. Such permission shall be granted unless it appears that such basement is not sufficiently lighted and ventilated, and is not in good sanitary condition. (Amended by L. 1913, ch. 145, § 14, in effect March 28, 1913.)

article

§ 172. Enforcement of article. Except in cities of Enforcethe first and second class the board or department of ment of health or health commissioners of a town, village or city affected by this article shall enforce the same and prosecute all violations thereof. Proceedings to prosecute such violations must be begun within sixty days after the alleged offense was committed. All officers and members of such boards or department, all health commissioners, inspectors and other persons appointed or designated by such boards, departments or commissioners may visit and inspect, at reasonable hours and when practicable and necessary, all mercantile or other establishments herein specified within the town, village or city for which they are appointed. No person shall interfere with or prevent any such officer from making such visitations and inspections, nor shall he be obstructed or injured by force or otherwise while in the performance of his duties. All persons connected with any such mercantile or other establishment herein specified shall properly answer all questions asked by such officer or inspector in reference to any of the provisions of this article. In cities of the first and second Enforceclass the commissioner of labor shall enforce the pro- article visions of this article, and for that purpose he and his subordinates shall possess all powers herein conferred upon town, village, or city boards and departments of health and their commissioners, inspectors, and other officers, except that the board or department of health of said cities of the first and second class shall continue to issue employment certificates as provided in section one hundred and sixty-three of this chapter. (Amended by L. 1913, ch. 145, § 14, in effect March 28, 1913.)

LABOR CAMPS

To be maintained in sanitary condition. Labor Law, § 98. Regulations to be observed, permit required. Sanitary Code, ch. V (p. 347).

ment of