may be proposed to be held; or, if the same shall be in a garden or grounds, then by posting the same at or on or near the entrance way to any such place of exhibition. In case of any proceeding against the manager or proprietor of any such theatre, circus or building, or garden or grounds, as aforesaid, it shall not be necessary to prove the personal service of the injunction, but the service hereinbefore provided shall be deemed and held sufficient. (Charter § 1479.)

(See Wallack v. Society, 67 N. Y. 23.)

$6. Preceding sections not applicable to certain performances.-The provisions and requirements of the preceding sections of this article shall not be held to apply to any building, hall, room or rooms, in which only private theatricals, tableaux and other exhibitions for charitable and religious purposes are given, nor to the manager of exhibitions given by amateurs for the benefit of any church, mission, parish or Sunday school, or for any other charitable or religious purpose nor shall the same be held to apply to any masonic temple; nor to the trustees of any masonic hall and asylum fund, so long as the revenues of said temple shall continue to be applied to the use of the masonic hall and asylum, or other charitable purpose; nor to the Educational Alliance, nor to the directors or officers thereof, as such, with respect to any building which shall in whole or in part be owned or leased by said Alliance, while so owned or leased, or so long as the revenue thereof shall continue to be applied to the support of the Alliance and to the religious, charitable, social, educational or literary purposes thereof, nor to performances held under the auspices of Community Councils, provided the revenue thereof shall be applied to the support of Community Councils, and the social, educational and literary purposes thereof. (Charter § 1480.)

Adopted July 13, 1920. Became effective July 26, 1920.

§ 6a. Charity entertainments.

Wher

1. Definition. (a) "Manager of a charity entertainment." ever used in this section the term "manager of a charity entertainment" shall be deemed to mean a person who undertakes or assists in the management of any theatrical performance, concert, lecture, ball, atheletic exhibition or other entertainment, publicly advertised as for charity, or for the benefit of any person, association or institution, except for the benefit of a subordinate lodge or branch of duly constituted or incorporated fraternities or kindred societies, and incorporated religious institutions, where an admission fee is charged or a collection taken up. 2. License, bond and fee.-No manager of a charity entertainment, not having been connected, for a period of at least 3 months immediately preceding the undertaking, with the regularly incorporated charity or charities, for the benefit of which the entertainment is held, shall advertise any charity entertainment, or receive money from the promotion of same, without a license therefor, and without having given bond to the city with sufficient surety, to be approved by the commissioner of licenses, in the penal sum which shall be fixed by such commissioner conditioned for the due observance of the provisions of law or ordinance relating to such entertainments.

The license fee of each manager of any theatrical performance, concert, lecture, ball or other entertainment, or any consecutive series of such entertainments, shall be $1.00.

3. Estimate of expenses.-Every manager of a charity entertainment shall file with the bureau of licenses, with the application for such, a statement of estimated expenses, with the percentage of the gross proceeds or fixed amounts to be retained by the managers, or other conditions of employment. Every manager of a charity entertainment shall also publish a statement of the sum total of the estimated expenses of any entertainment or series of entertainments, or a statement of the percentage of the gross proceeds to be devoted to the charitable object or objects, or both, which shall appear in a conspicuous place on any ad

vertisement, posters, programs, invitations, letters of credential or appeal, and on the license.

4. Records of receipts and expenditures.-Every manager of a charity entertainment shall keep records of every such entertainment, in which shall be legibly written a list of all the receipts and expenditures, including the accruals, and this list shall be open at all reasonable times to the inspection of the commissioner of licenses, and shall be filed in the Bureau of Licenses within 10 days after such entertainment, or series of entertainments has taken place as a public record.

Sec. 2. Any violation of the provisions of this section shall be punishable by a fine of $250 or by imprisonment for a term of 6 months, or by both such fine and imprisonment. (New.)

Adopted November 27, 1917. Approved December 3, 1917.

87. Exits, to be numbered and indicated on programmes.-The owner, lessee, manager, or other person having charge or control of any theatre shall cause each and every door and means of exit, for use in case of fire or panic, to be numbered conspicuously, so as to be visible to the audience by whom the same may be used, and shall have or cause to be printed in conspicuous type, on the programme or bill of the play, a plan or diagram and explanation showing each of said exists thereon, and referring to the numbers aforesaid. (Charter § 1487.)

§8. Protection against fire or panic.-The fire commissioner may detail, not to exceed two members of the uniformed force of the fire department, to each and every place of amusement where machinery or scenery are in use, while such place is open to the public. Their duty shall be to guard against fire, to take charge and control of the means provided for its extinguishment, and control and direct the employees of the place to which they may be detailed in the extinction of any fire which may occur therein. A member of the uniformed force on such detail shall inspect every portion of the building to which he may be detailed, during each public performance therein, for the purpose of guarding and protecting the occupants from fire or panic. In all places of public amusement or entertainment, not included in the foregoing provisions of this section, except in fireproof buildings, there shall be employed by the owner or proprietor thereof one or more watchmen, whose exclusive duty it shall be to protect and guard the inmates of such buildings from fire and other sources of danger. (Ord. Dec. 19, 1911, in part.)

89. Obstruction of aisles and passageways.Whenever any member of the uniformed force of the fire department shall discover in any inside aisle or passageway in any such place of amusement, any camp stool, chair, sofa, or other obstruction, or any person standing or sitting therein, during any public performance, he shall forthwith notify the proprietor or manager of such place of amusement, or any usher, agent or other employee of such proprietor or manager then present, to cause the obstruction to be forthwith removed, or to cause the person standing or sitting in such aisle or passageway to forthwith vacate the same, except as hereinafter provided. If such manager, proprietor, usher, agent, or employee shall cause or permit any camp stool, chair, sofa, or other obstruction to be placed or remain in any aisle or passageway in any such place of amusement, or shall cause, or permit, any person to stand or sit therein, during any public performacne, or, having been so notified, shall neglect or refuse to cause such obstruction to be forthwith removed, or such person to forthwith vacate the aisle or passageway, they shall each severally be deemed to have violated the provisions and requirements of this section; provided, however, that where there is a passageway in the rear of the seats in such place of amusement, more than 6 feet in depth, it shall be lawful to permit persons to stand therein, as follows:

a. Standing in passageways.-If the passageway is more than 6 feet and less than 16 feet deep persons may stand therein, provided an unobstructed passageway of at least 6 feet in depth is left open, and there

are no more than 4 rows of persons standing; if the passageway is more than 16 feet deep, any number of persons or rows of persons may stand therein, provided that an unobstructed passageway of at least 10 feet in depth is left open; and in places of amusement having a passageway in the rear of the seats, 6 feet or less, in depth, but having in addition an outer passageway in the rear thereof, to which all aisle heads have straight and direct access, 2 rows of persons may be permitted to stand in such passageway in the rear of such seats, but under no circumstances more than 2 such rows;

b. Standing in balconies.-In balconies or galleries, only one row of persons shall be permitted to stand;

c. Standing room to be indicated. The space to be occupied by said standees shall be separated from the space to be left clear for passage, by tape, ribbon or other easily broken material, supported by light posts fixed in stationary sockets and not less than 3 nor more than 4 feet from the floor; all to be so constructed and placed as to be no obstruction in case of panic or emergency;

d. Standing in aisles.-But in no event, nor under any circumstances, shall any person be allowed to stand in or at the head of any aisle.

(Ord. Dec. 19, 1911, in part.) See also Building Code (ch. 5, Art. 23) as to buildings of a public character and requirements for public safety. That aisles and pas→ sageways in theatres should be kept free and clear has been repeatedly held, see Fire Dept. v. Stetson, 14 Daly, 125; Fire Dept. v. Hill, 14 N. Y. Supp. 158; Sturgis v. Coleman, 38 Misc. 302. In Sturgis v. Grau, 39 Misc. 330, it was held the space was not a passageway. Blocking aisles in a motion-picture theatre held violation of §1530, Penal Law. Russell, C. J., People v. Marks, N. Y. Law Journal, Feb. 15, 1913.

§ 10. Sunday observance.-No person shall exhibit on the first day of the week, commonly called Sunday, to the public, in any building, garden, grounds, concert-room or other room or place within the city, the performance of any tragedy, comedy, opera, ballet, farce, negro minstrelsy, negro or other dancing, wrestling, boxing, with or without gloves, sparring contest, trial of strength, or any part or parts thereof, nor any circus, equestrian or dramatic performance or exercise, nor any performance or exercise of jugglers, acrobats, club performances or rope dancers; but nothing herein contained shall be deemed to prohibit at any such place or places on the first day of the week, commonly called Sunday, sacred or educational, vocal or instrumental concerts, lectures, addresses, recitations and singing, provided that such above mentioned entertainments shall be so given as not to disturb the public peace or amount to a serious interruption of the repose and religious liberty of the community. Any person wilfully offending against the provisions of this section, and every person knowingly aiding in such exhibitions, except as herein provided, by advertisements or otherwise, and every owner or lessee of any building, part of a building, grounds, garden or concert-room, or other room or place, who shall lease to let out the same for the purpose of any such exhibition or performance, except as herein provided, or assent that the same be used for any such purpose, shall be subject to a penalty of $500, which penalty the corporation counsel is hereby authorized to prosecute, sue for and recover; and, on the recovery of a judgment for the penalty herein provided, against any manager, proprietor, owner or lessee, consenting to or causing or allowing, or letting any part of the building for the purpose of any exhibition or performance, prohibited by this section, the license which shall have been previously obtained by such manager, proprietor, owner or lessee shall be of itself vacated and annulled. (Ord. Dec. 19, 1907, with slight changes.)

The ordinance is not to be deemed invalid because Penal Code makes the same offense a misdemeanor. City N. Y. v. Alhambra Theatre Co., 136 App. Div. 509; aff'd, 202 N. Y. 528. An ordinance forbidding any show to be given for pay on Sunday in Yonkers, held to be reasonable. Hamilton v. Lennon, Mayor Yonkers, N. Y. Law Journal, Jan. 21, 1915.

§ 10a. Baseball Games on Sunday.-It shall be lawful to play baseball

games, to which an admission fee may or may not be charged, on the first day of the week, commonly called Sunday, after two o'clock in the afternoon, provided, however, that where prices are charged for witnessing baseball games they shall not exceed those charged for similar games on other days of the week. (New.)

Adopted April 29, 1919. Approved May 1, 1919.

$11. Sale of liquors; female waiters.-No wine, beer or strong or spirituous liquors shall be sold or furnished to any person in the auditorium or lobbies of any place of exhibition or performance mentioned in section of this title, nor in any apartment connected therewith by any door, window, or other aperture, except that the commissioner of licenses may, in his discretion, and subject to such regulations and restrictions as he may determine, permit the same to be sold or furnished while concerts, consisting of vocal or instrumental music only, are being given in a place duly licensed by him as herein provided. Such permission shall only be operative so long as it shall be lawful under the laws of this state to sell or furnish wine, beer or stronger spirituous liquors at such place, and may be revoked at any time by the commissioner. No person shall employ or furnish or permit or assent to the employment or attendance of any female to wait on, or attend in any manner, or furnish refreshments to the audience or spectators, or any of them, at any of the exhibitions or performances mentioned in said section, or at any other place of public amusement in the city.

The provisions of this section shall not be construed to interfere with the right of any incorporated or other society, organized and maintained for the cultivation of vocal or instrumental music, to exercise and practice the same in good faith for themselves only, and not for the observation and entertainment of the public; nor shall the use or occupation by any such society for the purposes aforesaid of any hall or room, connected with any place wherein by the laws of this state it is lawful to sell wine, beer, or strong or spirituous liquors, be construed to make such hall or room a place of public amusement, within the provisions of this act. No license shall be granted for any exhibition or performance, given in violation of this section, and any and every exhibition and performance at which any of the provisions of this section shall be violated, shall of itself vacate, annul and render void and of no effect any license which shall have been previously obtained by any manager, proprietor, owner or lessee consenting to, causing, allowing or letting any part of a building for the purpose of such exhibition and performance. (Charter §§ 1483, 1484.) §11a. Sale of tickets by ticket offices; issue of licenses; fee; revocation, penalties. No person shall engage in the business of selling the tickets, cards or other tokens evidencing the right of admission to exhibitions or performances conducted by licensees under licenses issued by the commissioner of licenses pursuant to the preceding sections of this article, or shall open or conduct an office, agency or other place by whatever name known at which such tickets are sold or offered for sale, unless a license shall have been issued to such person by the commissioner of licenses upon the payment of the fee herein prescribed. Every license shall expire on the first day of May next ensuing the grant thereof. The fee for such a license shall be $250. A licensee under this section, or any officer or employee thereof, shall not directly or indirectly exact, accept or receive for any ticket or other token of admission to an exhibition or performance conducted by a licensee under the preceding sections of this article any greater amount than 50 cents in excess of the sum of the regular or established price or charge therefor printed on the face of such ticket, plus the amount of any tax imposed by the Government of the United States upon such ticket or the right of admission thereunder. The license of any licensee under this section may be revoked and annulled in the manner provided by section 4 of this article, for any violation of this section. Any person who shall engage in any business or conduct an office, agency or other place, for which a license

is required by this section, without procuring such license, shall, upon conviction thereof, be liable to the punishment prescribed by section 13 of this article. This section shall not be deemed to require a licensee under sections one and two of this article to obtain an additional license for the sale by him of tickets of admission to a licensed exhibition or performance conducted by him.

See Re Gilchrist, 110 Misc. 362.

§12. Ticket speculators.-No person shall conduct on or in any street in the city, the business of selling or offering for sale any ticket of admission, or any other evidence of any license, contract or right of entry to any performance or exhibition, in or about the premises of any duly licensed theatre, concert hall, place of public amusement, circus, common show, or any place of public amusement for which a license is not required by law; nor shall any person solicit, by words, signs, circulars or other means, any person to purchase any such ticket upon any street. No person shall sell, or offer for sale, on or in any street in the city, or in any building in the city, tickets of admission to any stand or stands erected under the auspices of the municipal or state authorities for the purpose of accommodating spectators of any parade or parades in the streets or thoroughfares of the city of New York, or for any public ceremony, attraction or banquet to be held in any theatre or other building in the City of New York. Any person who shall violate any provision of this section, shall, upon conviction thereof, be punished as provided in § 10 of chapter 27 of this ordinance.

Adopted March 3, 1919. Approved March 10, 1919.

§ 13. Violations.-Except as otherwise specifically provided therein, any person who shall violate, or refuse or neglect to comply with, any provision of this article shall, upon conviction thereof, be punished by a fine of not more than $500 or by imprisonment for not more than 6 months, or by both such fine and imprisonment; and any such person shall, also for each offense, be subject to the payment of a penalty in the sum of $250, to be recovered in a civil action brought in the name of the city. (Charter § 1477; also §§ 1482, 1485 and Ord. Dec. 19, 1907.)

42. Private or non-professional exhibitions of motion pictures. $43. Operators of motion-picture machines.

44. Violations,

Sec. 30. Definitions.-Unless otherwise expressly stated, whenever used in this article, the following terms shall respectively be deemed to mean: 1. Motion-pictures, a display on a screen or other device of pictures or objects in motion or rapidly changing scenery, whether or not such display shall be accompanied by a lecture, recitation or vocal or instrumental music;

2. Motion-picture theatre, any public hall or room in which motion