N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 45-1.2 - Application

(a) The provisions of this Part (rule) apply to: amusement devices, temporary structures, viewing stands and tents used in carnivals, fairs and amusement parks, where an admission or fee is customarily or usually charged, which are located within the State; owners and managers of such devices, structures, viewing stands and tents; and persons employed in connection with the same and to their employees.

(b) This Part (rule) shall not apply to single passenger, coin-operated, manually, mechanically or electrically operated amusement devices, except where admission is charged for the use of the equipment, nor shall this Article be construed so as to limit the right of any person to conduct any hotel, restaurant or eating place at any amusement park.

(c) An amusement device, temporary structure, viewing stand or tent operated in a carnival, fair or amusement park located in a city having a population of over one million shall not be subject to the provisions of this Part (rule) provided that all requirements of section 45-1.12 of this Subpart relating to the issuance of a permit by the commissioner have been satisfied.

(d) The applicable provisions of this Part (rule) shall not apply to the use of a viewing stand or tent on any State or county owned 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.

(e) Nothing in this Part (rule) shall be so construed as to prevent municipalities from enacting regulations more restrictive than the provisions set forth in this Part (rule).

Notes

N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 45-1.2