AMUSEMENTS. See MUNICIPAL CORPORATIONS. I. STATE LICENSES. 1. Theatres, circuses and menageries to be licensed. 2. Price of license. Limitation. Penalty. 3. Fine to be paid into the county treasury. 4. Not to exempt from local tax. 5. License for the whole state. II. PHILADELPHIA CITY LICENSES. 6-7. Theatres in Philadelphia to be licensed. 9. Fees to be paid into the city treasury. Appeal. III. AMATEUR PERFORMANCES. 10. State license not required for amateur performances. IV. REGULATION OF HALLS. 11. Passage-ways not to be obstructed. 12. Ingress and egress. 13. Plug and hose to be provided. 14. Penalty. 15. Act to be enforced by building inspectors. 16 April 1845 § 2. P. L. 533. V. ADMISSION AND EMPLOYMENT OF CHIL DREN. 16. Minors under eighteen not to be admitted in certain places of amusement. 17. Minors under fifteen not to be employed in dangerous performances. 18. Minors under fifteen not to be employed in dance-houses. VI. DANGEROUS EXHIBITIONS. 19. Certain dangerous exhibitions prohibited. VII. TICKET SCALPING. 20. Tickets not to be sold on the highway. VIII. FEMALE WAITERS. 22. Attendance of female waiters prohibited. Penalty. IX. SALE OF LIQUORS. 23. License for sale of liquors not to be granted. 24. Penalty. I. State licenses. 1. No theatrical exhibition, (k) or exhibitions of circus performances, or menageries shall hereafter be allowed in this commonwealth, without license from the Theatres, circuses, state; and the treasurer of any county shall have authority to grant licenses, under and menageries to his hand and the seal of the proper county, for such exhibition, on the payment of the following sums, to wit: be licensed. 15 May 1850 § 5. P. L. 778. Price of license. 2. The price of a theatre or circus license, or museum, or any other place for theatrical representations, shall be, in the city and county of Philadelphia, five hundred dollars, and in the county of Allegheny, two hundred dollars, and for each and every other county of this commonwealth within the bounds of which such theatre or circus may be shown, held or exhibited, the sum of fifty dollars; and the price of a menagerie license shall be, in the city and county of Philadelphia, two hundred dollars, in the county of Allegheny, one hundred dollars, and for each and every other county of this commonwealth within the bounds of which such menagerie may be exhibited or shown, the sum of thirty dollars. Such licenses shall be granted according to the provisions of the 2d section of the act of the 16th day of April 1845, by the treasurer of the proper county, upon receiving the price of the same; but no such license shall entitle the party who shall receive it, to make any such exhibition, except within the county for which the same shall be granted. And if any person or persons shall attempt to show, hold or exhibit any such theatre, circus or menagerie within any city or county of this commonwealth, without such license as aforesaid, he or they so offending shall be liable to indictPenalty for viola- ment, and on conviction thereof, shall pay, for every such offence, a fine not less than two hundred dollars, nor greater than one thousand dollars, at the discretion of the court trying the said offence. License to be confined to the county where granted. tion. 16 April 1845 § 2. P. L. 533. Not to exempt from local tax. 3. To be paid into the treasury of the county wherein such conviction shall take place. 4. Provided, That the provisions of this act shall not exempt any circus, theatre or menagerie, from payment of such taxes as may be imposed upon them by any city or borough in this commonwealth.() (k) The opera is a dramatic composition, and its representation a dramatic exhibition, and is embraced within the meaning of this act and subject to the payment of a state license fee. Bell v. Mahn, 121 P. S. 225. The same person cannot by paying one license exhibit at more than one place in the city of Philadelphia. Nirdlinger v. Irvine, 18 W. N. Č. 65. The payment of a fine for a failure to take out a license is no bar to a suit to recover the license fees due. Ibid. See the different acts discussed relating to state licenses. Commonwealth v. Nixon, 42 L. I. 171. Out side of Philadelphia and Allegheny counties where the part of a building is fitted up with a stage and occasionally let out for public meetings, local entertainments, and to travelling theatrical companies, the owner is not liable to the payment of the license fee under this act. Hayes v. Opera House Company, 139 P. S. 636. (1) An annual license holds good until the end of the year, notwithstanding a change in the ordinance under which it was granted. Academy of Music v. Jones, 3 Law Times (N. S.) 193. P. L. 596. 5. Any person, the proprietor or manager of a theatre, circus or menagerie, 14 April 1851 § 12. desiring a license for the exhibition of dramatic, equestrian or other performance for the whole state, for one year, shall be entitled to receive the same, upon the License for the payment of the sum of one thousand dollars; such license to be granted according whole state. to the provisions of 2d section of the act of 16 April 1845; and the provisions. of the (5th) section of the act of the 15th May 1850, shall not be construed as applying to any person so paying for and receiving a license for the whole state. II. Philadelphia city licenses. 6. It shall not be lawful to exhibit to the public, in any building, garden, 30 March 1864 § 1. grounds, concert-room, saloon or other place or room within the city of Philadel- P. L. 141. phia, any interlude, tragedy, comedy, opera, ballet, play, farce, negro-minstrelsy, Theatres, &c., in negro or other dancing, or any other entertainment of the stage, or any part Philadelphia to be thereof, or any representation, in which a drop-curtain and scenery or theatrical licensed. costumes are used, or any equestrian, circus or dramatic performance, or any performance of jugglers, rope-dancing or acrobats, or any entertainment of vocal or instrumental music, or any menagerie, until a license for such exhibition, performance or entertainment shall have been first had and obtained from the mayor of the city of Philadelphia; which license shall be granted by him for each and To be granted by every place or building in which such exhibitions, performances or entertainments the mayor. are held, upon the payment, by the owner or manager, of the sum of ten dollars license. to the city treasurer, for the whole or for any portion of each calendar year. And every manager, proprietor or director of any such exhibition, performance or Penalty for perentertainment who shall neglect to take out such license, or who shall allow or forming without cause any such exhibition, performance or entertainment without such license, and every owner or lessee of any building, room, garden, grounds, concert-room or other place, who shall lease or let the same for the purpose of any such exhibition, performance or entertainment, or shall assent to the use thereof for any such purpose, except as permitted by such license, and without such license having been previously obtained and then in force, shall be guilty of a misdemeanor, and upon conviction thereof, shall be sentenced to pay a fine not exceeding one hundred dollars, or undergo an imprisonment not exceeding three months, or both, or either, at the discretion of the court. P. L. 73. 7. It shall not be lawful to exhibit to the public in any building, garden, 22 May 1879 § 1. grounds, concert-room, saloon, or other place or room, within any city of the first class, any interlude, tragedy, comedy, opera, ballet, play, farce, negro-minstrelsy, Theatres, &c., in negro or other dancing, or any other entertainment of the stage, or any part Philadelphia to be thereof, or any representation in which a drop-curtain and scenery or theatrical licensed. costumes are used, or any equestrian circus or dramatic performance, or any performance of jugglers, rope-dancing or acrobats, or any menagerie, until a license for such exhibition, performance or entertainment shall have been first had and obtained from the mayor of such city of the first class, by the proprietor thereof; which license shall be granted by him for each and every place or building in To be granted by which such exhibitions, performances or entertainments are held, upon the pay- the mayor. ment by said proprietor of the sum of twenty-five dollars, for the whole or for any portion of each calendar year: Provided, That before such license shall be granted, on satisfactory the said mayor shall be satisfied (m) by affidavit or otherwise, that the exhibition, proof that the performance or entertainment for which the license shall be applied shall not be performances are immoral in its nature or tendencies, or otherwise unlawful or hurtful to the community; and every manager, proprietor or director of any such exhibition, performance or entertainment, who shall neglect to take out such license, or who shall Penalty for perallow or cause any such exhibition, performance or entertainment without such forming without license, and every owner or lessee of any building, room, garden, grounds, concertroom or other place, who shall lease or let the same for the purpose of any such exhibition, performance or entertainment, or shall assent to the use thereof for any or violation theresuch purpose, except as permitted by such license, and without such license having of. been previously obtained and then in force, shall be guilty of a misdemeanor, and upon conviction thereof shall be sentenced to pay a fine not exceeding one hundred dollars, or undergo an imprisonment not exceeding three months, or both or either, at the discretion of the court. not immoral. license. 8. It shall be lawful for the mayor of any city of the first class, upon proof 22 May 1879 § 8. satisfactory to him, by affidavit under oath or affirmation, of the violation of any of P. L. 73. the provisions of this act or of any other act of assembly or ordinance of such city License may be regulating places of amusement, or that the exhibition, performances, entertain- vacated. ments, or any of them, given under color of said license, are or have been immoral or unlawful, to vacate, annul and render void and of no effect any license which Powers of the shall have been obtained as aforesaid, by any manager, proprietor, owner or lessee, mayor and police. for the holding such exhibition, performance or entertainment, or allowing or let (m) The act 30 March 1864, P. L. 141, was mandatory upon the mayor, but under this act he has a discretion. Commonwealth v. Stokley, 12 Phila. 316. Stedman's Appeal, 33 L. I. 444. As to entertainments of "vocal and instrumental music," however, the act of 1864 still applies. Ibid. P. L. 73. 22 May 1879 § 3. ting any part of a building or other premises for the purpose thereof; and it shall also be lawful for the said mayor to prevent any such exhibition, performance or entertainment from being held, exhibited or performed, until the license hereinbefore provided for shall be paid, or if the same shall have been annulled or vacated for violation of any of the provisions of this act, or otherwise, and to that end to direct the police to close the building, room or other place in which the said exhibition, performance or entertainment is intended to be held, and prevent the entrance of auditors or spectators. 23 March 1865 § 1. P. L. 642. 9. All sums of moneys received in payment for licenses under this act, shall be paid into the treasury of the said city for municipal uses; and it is hereby enacted that nothing in this act contained shall in anywise be taken or deemed to revoke, modify or interfere with the provisions of the several acts of the general assembly requiring license from the state for theatrical or other exhibitions: Provided, That if any person or persons applying to the mayor for a license as aforesaid, shall be aggrieved by the action of said mayor in refusing to grant such license, or in revoking any license, such person or persons shall have the right of appealing to the court of quarter sessions, which court shall, as soon as possible, hear and determine the same as to said court may seem just and right.(n) III. Amateur performances. 10. The provisions of the several acts requiring a license from the state for theatres or theatrical exhibitions, shall not be held to extend to any musical or Performances by dramatic representations by amateurs, in the city of Philadelphia or the city of Pittsburgh, the net proceeds of which are to be devoted to the relief and support of widows or orphans, the wounded or the sick. amateurs, for charitable purposes. A. 14 Mch. 1867 § 1. Passage ways. Ibid. § 2. IV. Regulation of halls. (0) 11. It shall not be lawful for the owners or lessees of any public hall, or place of amusement, in the city of Philadelphia,(p) to obstruct, or allow to be obstructed by others any of the aisles or passage-ways, in the auditorium of said halls or places of amusement, by placing therein any benches, chairs, stools, or other articles, that may prevent free egress or ingress during the hours that said places may be open to the public. 12. Said owners, lessees or their agents are hereby required to keep open, at all Ingress and egress. hours during the time said halls or places of amusement are open to the public, all doors giving means of ingress or egress, unless said doors open outwards from said places, then the same may be closed; but no hindrance, such as locks, or catches of any kind, shall be allowed to obstruct, or prevent, instant and easy egress through the same; and when said doors open inwards, it is required of said owners, or lessees, that the same be fastened securely and firmly opened. Ibid. § 3. Plug and hose to be provided. 13. In addition to the other requirements of this act, the owners and lessees of the Arch street theatre, Walnut street theatre, Chestnut street theatre, American theatre, Academy of Music, and the building formerly known as City Museum, now German theatre, four hundred and twenty-one Callowhill street, in said city, are required, at all hours during the time said places are open to the public, to keep attached to a plug or water attachment, to be furnished by them for that purpose, sufficient hose of the size used by the fire companies of said city, to extend to the furthest limits of said places of amusement, and that said hose shall be kept at all times in good order and repair, and ready at all times, during the said hours, A. 14 Mch. 1867 § 4. for immediate use. 14. A penalty of five hundred dollars be imposed upon any owners, or lessees, any said public halls or places of amusement, who may, at any time, violate any (n) On appeal, the quarter sessions will only examine the question, whether the mayor has exercised a pure legal discretion in the premises. Steadman's Appeal, 14 Phila. 376. If the manager of a place of public amusement refuse admittance to the plaintiff, alleging that one of his companions is a thief, the words are prima facie privileged, and express malice must be shown. Neuskey v. Mundt, 4 Leg. Gaz. 230. The neglect of the managers of a theatre to mark a seat taken," gives no right to a stranger, if it was actually purchased by another. Commonwealth v. Powell, 10 Phila. 180. In the absence of any regulation on the subject, a negro, who has purchased a ticket for a reserved seat, cannot be denied admittance. Drew v. Peer, 93 P. S. 235. The proprietor and manager of a theatre occupies the position of master to a performer, and if a spectator be injured by the unskilfulness of the latter, the former is liable; it is not concurrent negligence to sit in the front row. Dougherty, 2 W. N. C. 417. If a theatrical manager engage a performer as "première danseuse étoile," For v. he cannot compel her to perform a lower part. Roserie v. Kiralfy, 34 L. I. 185. The title of a copyrighted play will be protected in equity, though the one intended to be represented may be different. Shook v. Wood, 10 Phila. 373. The public performance of an uncopyrighted opera gives no right to print the music. Gilbert v. Bacher, 9 W. N. C. 14. The stockholders of the Academy of Music were enjoined from making transfers of their stock in small lots for the mere purpose of entitling the holders to admission to the Academy. Baker's Appeal, 108 P. S. 510; 43 L. I. 154. See Wilson v. Academy of Music, 43 L. I. 86, as to voting by stockholders of the Academy. As to rights of stockholders to reserved seats, see Fareira v. Riter, 38 L. I. 450. (0) See "Municipal Corporations," sub-title "Bureau of Building Inspection.' (p) The 6th section extends the provisions of this act to the cities of Pittsburgh and Allegheny; and by act 18 February 1870, it is extended to the city of Altoona. P. L. 167. of the provisions of this act, to be recovered in like manner as penalties for viola- A. 14 Mch. 1867 § 4. tion of any law are now enforced in the city of Philadelphia. act. P. L. 440. 15. The building inspectors of the city of Philadelphia are hereby authorized and required to carry out the provisions of this act, and shall, on complaint of any citizen of said city, of the violation of any of its provisions, bring suit for the Enforcement of recovery of the penalty imposed for said violation; and one-half of said penalty, when enforced, to be paid to the informer, and one-half to the treasurer of the fund for the relief of disabled firemen, for the benefit of said fund. V. Admission and employment of children. P. L. 27. 16. Any proprietor or any person in charge of any dance-house, concert-saloon, 28 May 1885 § 4. theatre, museum, or similar places of amusement, where wines or spirituous or malt liquors are sold or given away, or any place of entertainment injurious to Admitting minors health or morals, who admits or permits to remain therein any minor under the under eighteen to age of eighteen years, unless accompanied by his or her parent or guardian, shall certain places of be guilty of a misdemeanor, and on conviction thereof, shall be punished by a fine not exceeding two hundred dollars. amusement. P. L. 142. tain vocations. 17. Any person having the care, custody or control of any minor child under 11 June 1879 § 2. the age of fifteen years, who shall in any manner sell, apprentice, give away or otherwise dispose of such child, and any person who shall take, receive or employ Infants not to be such child for the vocation or occupation of rope or wire-walking, or as an acrobat, employed in cergymnast, contortionist or rider, and any person who, having the care, custody or control of any minor child whatsoever, shall sell, apprentice, give away or otherwise dispose of such child, or who shall take, receive or employ such child, for any obscene, indecent or illegal exhibition or vocation, or any vocation injurious to the health or dangerous to the life or limb of such child engaged therein, or for the purpose of prostitution, and any person who shall retain, harbor or employ any minor child in or about any assignation house or brothel, or in any place where Or retained in any obscene, indecent or illegal exhibition takes place, shall be guilty of a misde- brothels. meanor, and upon conviction thereof before any justice of the peace, magistrate Penalty. or court of record, shall be fined not less than fifty dollars nor more than one hundred dollars for each offence. 18. Any person having the care, custody or control of any minor child under the 11 June 1879 § 4. age of fifteen years, who shall in any manner sell, apprentice, give away or permit P. L. 142. such child to sing, dance, act, or in any manner exhibit, in any dance-house what- Not to be employed ever, or in any concert-saloon, theatre or place of entertainment, where wines or in dance-houses, spirituous or malt liquors are sold or given away, or with which any place for the &c. sale of wines or spirituous or malt liquors is directly or indirectly connected, by or places where any passage-way or entrance, and any proprietor of any dance-house whatever, or liquors are sold, any such concert-saloon, theatre or place of entertainment, so employing any such &c. child, shall be guilty of a misdemeanor, and upon conviction thereof in the manner provided in the first section of this act, shall be fined not less than fifty dollars Penalty. nor more than one hundred dollars for each offence. VI. Dangerous exhibitions. P. L. 57. hibited. 19. It shall not be lawful for the proprietor of any public place of amusement or 1 June 1883 § 1. resort, to perform or have exhibited, the shooting of a person from a catapult or other machine, the throwing of knives at a performer, or the shooting at a target Certain dangerous held by or placed on the head or near the performer, or exhibitor, performing on a exhibitions protrapeze without a strong netting below the performer, or any other feat or performance that is extra-hazardous and jeopardizes the life or lives of any person or persons; any person violating this act shall be guilty of a misdemeanor, and on conviction, shall pay a fine of five hundred dollars, or imprisonment, one or both, at the discretion of the court. VII. Ticket scalping. 20. It shall not be lawful for any person or persons to sell, barter or exchange, 18 June 1883 § 1. or offer for sale, barter or exchange, upon the public streets or highways, or in P. L. 96. front of any theatre or place of amusement and entertainment, tickets of admission Tickets not to be to such theatre or place of amusement and entertainment. sold on the highIbid. § 2. 21. Any person or persons violating the provisions of this act of assembly, shall ways. be deemed guilty of a misdemeanor, and on conviction, shall be punished by a fine of fifty dollars, and imprisonment, not exceeding three months, or either or both, Penalty. for every such offence. VIII. Female waiters. L. 22. It shall not be lawful for any female to attend among or wait upon the 22 May 1879 $2. audience or spectators at any of the exhibitions, performances or entertainments mentioned hereinbefore, or at any other place of public amusement in any city of Attendance of the first class, to procure, offer, furnish or distribute any description of commodi- prohibited. female waiters P. L. 78. 22 May 1879 § 2. ties or refreshments whatsoever; nor shall it be lawful for any manager or proprietor of any such exhibition, performance, entertainment or place of public amusement to employ or permit the employment of any female to attend among or wait upon the audience or spectators thereat, to procure, offer or distribute any Penalty for viola description of commodities or refreshments whatsoever; and any person violating any of the provisions of this section, shall be guilty of a misdemeanor, and upon conviction thereof shall be sentenced to pay a fine not exceeding five hundred dollars, or undergo an imprisonment not exceeding one year, or both or either, at the discretion of the court.(q) tion. 9 July 1881 § 1. P. L. 162. License for sale of liquors not to be granted, &c. Ibid. § 2. Penalty. IX. Sale of liquors. 23. No license for the sale of vinous, spirituous, malt or brewed liquors, or any admixtures thereof, in any quantity, shall be granted to the proprietors, lessees, keepers or managers of any theatre, circus, museum or other place of amusement,(r) nor shall any house be licensed for the sale of such liquors, or any of them, or any admixtures thereof, which has passage or communication to or with any theatre, circus, museum or other place of amusement; and any license granted contrary to this act shall be null and void. 24. The proprietor, lessee, keeper or manager of any theatre, circus, museum, or other place of amusement, or any other person, who shall violate the provisions of this act, shall be guilty of a misdemeanor, and upon conviction thereof shall be sentenced to pay a fine of one hundred dollars, and to undergo an imprisonment of not less than thirty days. 13 June 1883 § 1. P. L. 119. Board for the distribution of bodies for anatomical purposes. Their powers. Records. Ibid. § 2. Officers to give 4. Carriage of bodies. 5. Schools, &c., to give bond. Conditions. Traffic in dead bodies prohibited. Penalty. 6. Expenses. 7. Penalty for violations of the act. 1. The professors of anatomy, the professors of surgery, the demonstrators of anatomy and the demonstrators of surgery of the medical and dental schools and colleges of this commonwealth, which are now or may hereafter become incorporated, together with one representative from each of the unincorporated schools of anatomy or practical surgery, within this commonwealth, in which there are, [or] from time to time, at time of the appointment of such representatives, shall be, not less than five scholars, shall be and hereby are constituted a board for the distribution and delivery of dead human bodies, hereinafter described, to and among such persons as, under the provisions of this act, are entitled thereto. The professor of anatomy in the University of Pennsylvania, at Philadelphia, shall call a meeting of said board for organization, at a time and place to be fixed by him, within thirty days after the passage of this act. The said board shall have full power to establish rules and regulations for its government, and to appoint and remove proper officers, and shall keep full and complete minutes of its transactions; and records shall also be kept, under its direction, of all bodies received and distributed by said board, and of the persons to whom the same may be distributed, which minutes and records shall be open at all times to the inspection of each member of said board, and of any district-attorney of any county within this commonwealth. 2. All public officers, agents and servants, and all officers, agents and servants of any and every county, city, township, borough, district and other municipality, and notice to the board of any and every almshouse, prison, morgue, hospital, or other public institution having charge or control over dead human bodies, required to be buried at the public expense, are hereby required to notify the said board of distribution or such person or persons as may, from time to time, be designated by said board or its And deliver bodies duly authorized officer or agent, whenever any such body or bodies come to his or their possession, charge or control, and shall, without fee or reward, deliver such body or bodies, and permit and suffer the said board and its agents, and the physicians and surgeons from time to time designated by them, who may comply with the provisions of this act, to take and remove all such bodies, to be used within without charge. (9) This is a re-enactment of the act 30 March 1864, § 2. P. L. 141. (r) These words refer to amusements of a character kindred to theatres, circuses and museums; they do not include beer gardens, nor any place where mere music alone is furnished. Hasting's Case, 39 L. I. 440. Gabell's Case, 3 Kulp 204. Commonwealth v. Cavanaugh, 43 L. I. 414. Commonwealth v. Mehler, 45 L. I. 55. And this, notwithstanding the fiat of a certain high official of Philadelphia, who arrogantly stated that "beer and music don't mix." The Academy of Music of Philadelphia is a place of amusement within this act. Steven's Application, 5 S. C. 627. See act 20 April 1858, § 9, P. L. 366. |