(e) "examining board" means the board of examiners created and appointed hereunder;

(f) "film" means any moving picture or cinematograph film, advertising film, or other similar device for use in connection with a cinematograph, and includes any part or section of any reel of such film;

(g) "film exchange" means any premises, room, place, house, hall, tent, building or structure of any kind where films or slides are stored; or are rented, sold, leased, or supplied; (h) "minister" means the municipal commissioner;

(2) "owner" means any person, syndicate, association, corporation or club operating, conducting or managing an amusement or place of amusement, and includes the employee, manager, lessee, transferee or partner of an owner;

("place of amusement" means any building, place, premises, room or tent where an amusement is given, held, played or takes place for which a price of admission is charged or collected, whether within the premises or elsewhere, in cash or by means of tickets, by voluntary contribution or otherwise, and, without restricting the generality of the foregoing, includes:

(i) a theatre, opera house, moving picture theatre, travelling picture show, open air theatre, amusement hall, music hall or concert hall;

(ii) dance hall, dancing pavilion or hotel, restaurant or cafe in which facilities are supplied and used for public dancing;

(iii) circus, menagerie, midway, carnival show, grand stand, race track, race course or pari-mutuel machine;

(iv) hockey rink, toboggan slide, roller coaster or other riding device, or the park, field or grounds used for athletics, baseball, football or other outdoor games;

(v) hall or grounds used for a boxing or wrestling contest;

(k) "price of admission" or "admission price" includes entrance or other, fee, season ticket, complimentary pass, the bill payable as the charge for eatables where dancing is or was provided therewith, an amount staked or wagered, or the rental price of toboggans for use on public toboggan slides, or fee charged for riding on a roller coaster or riding device, or for participating in a game at a midway, carnival show, circus or amusement park;

(1) "proprietary right" is an interest or right acquired by virtue of a lease or co-partnership agreement, or any agreement of any kind, including an agreement authorizing the right to use or show any film;

(m) "slide" means any stationary picture slide or other similar device for use in conjunction with a cinematograph, and includes an advertising slide;

(n) "tax commission" means the Manitoba tax commission;

(o) "theatre" means any theatre, opera house, concert hall, or any premises, room, place, house, hall, tent, building or structure of any kind kept or used for public performance of tragedy, drama, comedy, farce, opera, burlesque, pantomime, vaudeville or any entertainment of the stage whatsoever; it also means any premises, room, place, house, hall, tent, building or structure of any kind to which the public is admitted where any cinematograph, moving picture machine or other similar apparatus is operated;

(p) "theatre film exchange" means a film exchange owned or operated by the owner, lessee or manager of a duly licensed theatre of not less than five hundred seats in a city;

(q) "travelling picture show" means a moving picture show which travels about from place to place in the province.

LICENSES

exhibit any

3. (1) No owner shall, nor shall any person, film or slide in a theatre, or conduct, operate or manage

(a) any place of amusement, or open the same for the reception of the public therein upon payment of an admission price, or

(b) any film exchange or theatre film exchange,

unless and until a valid and subsisting license issued under the provisions hereof permitting him so to do has been first obtained, nor unless the provisions of this Act are otherwise complied with.

What licensed.

license.

(2) No license granted hereunder shall be valid and subsisting Condition of unless same was accepted subject to the express condition that the owner of the premises in respect of which the license is granted will collect the tax required by him to be collected hereunder. Such condition shall be printed on the license form and be a part of the license.

for license.

4. (1) Such licenses shall be issued by the superintendent Application appointed hereunder upon application therefor made upon such form as may be provided for the purpose. The applicant shall furnish to the superintendent in writing upon the application form his undertaking to comply with all the provisions of this Act, and also such information respecting the name and postal address of the applicant or owner, the purpose for which license is sought, the name and location of the place of amusement, premises or thing respecting which the license is required, together with such further information and verified in such manner as the superintendent may require.

upon such

(2) The minister may at any time require information ad- Information ditional to the foregoing to be given in writing under oath or application. otherwise or by the production of any contract or agreement in

Fee for license and transfer.

Date.

Approval of transfer.

License to be placed

regard to any amusement, place of amusement, film, film exchange, slide or other matter or thing licensed or required to be licensed or in respect of which a license is applied for under this Act.

5. (1) The fee for a license hereunder, or for a transfer of license, shall be five dollars. No such license shall be issued and no transfer of a license approved until such fee is paid and the superintendent is satisfied that the provisions of this Act are being and are likely to be complied with by the applicant, owner or transferee as the case may be.

(2) Every license granted hereunder shall bear upon its face the date of issuance and shall expire on the thirtieth day of April following the date when same is granted.

(3) No transferee shall be deemed the holder of a license until the transfer has been endorsed thereon as having been approved by the superintendent.

6. (1) Every license issued under this Act shall be at all conspicuously. times exhibited in a conspicuous place in the premises to which it refers, and every owner who has a license shall on demand produce the same to the superintendent or any inspector appointed under this Act, or to any constable, policeman or other peace officer on duty, or to the licensed owner of other premises of a similar nature.

Onus.

Travelling picture show.

When no license required.

Film exchange tax.

(2) Proof of the failure of the owner to so post such license or that he refuses to produce same on lawful demand therefor shall be prima facie evidence that the owner is not the holder of a license required hereunder.

7. No travelling picture show shall include in its itinerary or route any incorporated city.

8. No license under this Act, except a moving picture operator's license, shall be required from any school, college, church, young men or women's christian association, for any amusement carried on by them.

SPECIAL TAX

9. Upon application for a license hereunder there shall be paid in advance, unless otherwise herein provided, by the owner an annual tax as follows:

(a) For each film exchange, two hundred and fifty dollars, and where the owner of the film exchange is not an actual resident of Manitoba, or does not actually own or had not for at least sixty days before submitting same for censoring a proprietary right in the films or slides handled in the exchange, or does not handle at least twenty-five films each year, or operates the exchange on the premises of a place of amusement, he shall pay an additional tax of fifty dollars for each and every reel of film submitted for censoring;

(b) for each theatre film exchange, two hundred and fifty

dollars;

(c) for each travelling picture show, twenty-five dollars;

(d) for circuses, menageries or carnival shows, twenty cents Circuses, etc. for each seat in the circus or menagerie, and ten dollars for each side show or midway attraction accompanying or forming part of the circus, menagerie or carnival show.

Effect of

payment to

10. The payment of the said tax once in each year and the issuance thereupon of a license under this Act shall be construed circuses, eto. as a permit to the circus or menagerie or carnival shows, as the case may be, to give or hold its performance, show or entertainment in that year in the several places of the province mentioned in the application for license, but subject to any municipal regulation or by-law in force in such places.

MOVING PICTURE OPERATORS

11. There is hereby created an examining board to be ap- Examining pointed by the Lieutenant-Governor-in-Council on the recommendation of the Minister of Public Works, and to consist of three persons, as follows:

(a) the secretary of the bureau of labor;

(b) one representative of the moving picture machine operators;

(c) one representative of the moving picture exhibitors.

12. The duties of the examining board shall be:

(a) to prescribe rules and regulations respecting the qualifica- Duties. tion and examination of persons applying for licenses as moving picture machine operators or as assistants or apprentices to such operators, for granting such licenses and determining the terms and conditions under which they may be renewed, revoked or suspended, and for the regulation of the terms and conditions under which moving picture operators and their assistants and apprentices shall be employed;

(b) to grant, renew, revoke and suspend such licenses;

(c) to fix and collect such fees as the board may determine for such examinations and such licenses or renewals thereof and remit the same to the minister.

examining

13. Such rules and regulations, when approved by the Lieu- Rules of tenant-Governor-in-Council and published in one issue of The board. Manitoba Gazette, shall have the same force and effect as if enacted herein. Every such license shall be subject to suspension if the holder thereof exhibits or assists in the exhibition of any film or slide not approved by the board of censors or in respect of which the owner is not a licensee hereunder. In case an operator comes into possession of an uncensored film or slide he shall hold same and forthwith notify his employer who in turn shall notify the superintendent.

Operator's permit good for all Manitoba.

Operators in

theatre to have permit.

Censor board.

Joint censor board.

Appeal board.

Principles of censoring.

14. Every operator who has been duly examined and who has received a license to operate moving picture machines or similar apparatus, shall, subject to the provisions of this Act, be entitled to operate any such machine in any part of the province.

15. No person in charge of a theatre as proprietor or manager shall allow any film or slide to be exhibited therein unless the operator exhibiting same is the holder of a license under this Act.

CENSORSHIP

16. (1) The Lieutenant-Governor-in-Council may appoint a board of censors composed of three or more persons to hold office during pleasure, who shall have power to permit the exhibition or absolutely to prohibit or reject any film or slide which it is proposed to use or exhibit in the Province of Manitoba.

(2) If deemed desirable the Lieutenant-Governor-in-Council may co-operate with the governments of other provinces in Canada in appointing a joint board of censors, composed of not more than three persons to be nominated by each of the provincial governments and to hold office during pleasure, which shall have power to permit the exhibition of or to absolutely prohibit or reject any film or slide which it is proposed to use or exhibit in any of the provinces represented by the members of the joint censor board in accordance with the provisions of this Act.

(3) There shall be an appeal from the board of censors, and when occasion requires the provincial treasurer may appoint an appeal board consisting of twenty reputable persons any five of whom when called upon by him from time to time shall act and decide upon the merits of any film or slide in respect of which an appeal has been lodged, or he may co-operate with the governments of other provinces in Canada in appointing a joint appeal board consisting of not more than five reputable persons to be nominated by him and each of such other governments represented on the joint censor board, the Manitoba members of which shall be chosen from time to time from among such twenty, which board shall decide only on the film and slide in respect of which an appeal has been lodged; provided that the expenses of the members nominated by the several provincial governments shall be borne by such governments respectively.

17. (1) All films or slides intended to be used in connection with any cinematograph, moving picture machine, or other similar apparatus, shall, before being leased, rented or exhibited, be inspected by the board of censors, and such board shall examine and pass upon the fitness for public exhibition of all such films or slides. The board shall not approve any film or slide depicting scenes of an immoral or obscene nature, or which indicate or suggest lewdness or indecency, or marital infidelity, or showing the details of murder, robbery, or criminal assault, or depicting criminals as heroic characters; and the board shall refuse to approve any other picture which it may consider injurious to public morals, suggestive of evil to the minds of children, or against the public welfare.