N.Y. Comp. Codes R. & Regs. tit. 12, § 45-5.2
This Subpart 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 firemen 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.