the city treasury to the persons legally entitled thereto, whenever he and the public administrator of the county of New York shall be satisfied that the person claiming the same is legally entitled thereto; but, if they be not satisfied thereof, they shall report the case to the board of aldermen for its direction. (Č. O. § 20.) ARTICLE 12 PUBLIC EMPLOYMENT BUREAU Sec. 260. Organization and purpose. § 261. Records. § 262. Co-operation with kindred agencies. Sec. 260. Organization and purpose.-There shall be a public employment bureau in and for the city, attached to the department of licenses, with the principal office in the borough of Manhattan, and a branch office in such other boroughs, as may be deemed necessary and designated by the commissioner of licenses, for the purpose of aiding unemployed persons in securing employment and employers of labor in securing employees; but no fee shall be charged by the bureau, or any officer or employee thereof, for such purpose. The employees of the bureau shall consist of such assistants and clerks as may be found necessary for properly carrying on its work, and they shall be appointed and removed by the commissioner of licenses in accordance with the rules and regulations of the municipal civil service commission. § 261. Records. There shall be kept in the principal office of the bureau, and in each and every branch office thereof, such system of records as may be necessary properly to record and classify, according to trade or profession, (1) all applicants for positions; (2) all positions to be filled as reported to said bureau; (3) all persons sent to those seeking employees; (4) all such persons who secure employment, and (5) such other records as the commissioner may deem necessary. A report of the transactions of each branch office shall be transmitted daily to the principal office of the bureau. § 262. Co-operation with kindred agencies.-The bureau shall, in so far as it may be feasible, co-operate with such employment bureaus or intelligence offices as now exist, or which may hereafter be established and conducted by the United States or the State of New York. (Ord. May 5, 1914.) ARTICLE 13 TAXES AND ASSESSMENTS Sec. 265. Fees for searches. § 266. Apportionment of taxes. Sec. 265. Fees for searches.-The following fees shall be paid to and collected by the collector of assessments and arrears, for the benefit of the city treasury, on his furnishing a bill of arrears or making searches upon a requisition for searches, on each lot or piece of property mentioned or referred to therein, namely: a. In respect of water rents, 50 cents; b. In respect of taxes, 50 cents; c. In respect of assessments, 50 cents; d. For his certificate upon any such bill or search, when requested, 10 cents. (C. O. § 77.) § 266. Apportionment of taxes.-When several lots or parcels of land belonging to different persons are assessed for taxes in one parcel, the comptroller may make the proper apportionment of the tax among the different owners. (C. O. § 29.) ARTICLE 14 MISCELLANEOUS REGULATIONS Sec. 270. Bonds of city officers. Sec. 270. Bonds of city officers.-Before entering upon the duties of his office: 1. The comptroller shall give a bond to the city, conditioned upon the faithful performance of the duties of his office, in the penal sum of $200,000 with a surety company or two or more sufficient sureties to justify in double the amount under oath before a judge of the supreme court, on notice to the corporation counsel, whereupon the same shall be immediately filed with the city clerk by the comptroller; 2. The chamberlain shall give a bond to the people of the State of New York in the sum of $300,000 within 10 days after receiving notice of his appointment, with not less than four sufficient sureties, to be approved by the comptroller, conditioned that he will faithfully discharge the duties of his office and all trusts imposed on him by law. 3. Each of the following officers or employees shall execute a bond to the city, conditioned for the faithful performance of the duties of his office, with one or more sureties, to be approved by the comptroller, except in the cases of the receiver of taxes and the collector of assessments, whose bonds shall be approved by the chamberlain, in the penal sum as follows: Each deputy comptroller. Receiver of taxes... Collector of assessments and arrears. Collector of city revenue and superintendent of markets Each deputy collector of city revenue. Clerk to the collector of city revenue and superintendent $ 10,000 00 25,000 00 25,000,00 15,000 00 2,000 00 Chief clerk, bureau of weights and measures. Corporation counsel... Fire commissioner (as treasurer of fire department). Police commissioner (as trustee of police pension fund). Supervisor of the City Record. Deputy supervisor of the City Record. Each commissioner of public works. Water register.. (Charter §§ 152, 351 and C. O.) (As amended September 18, 1917.) $ 1,000 00 5,000 00 20,000 00 100,000 00 5,000 00 5,000 00 10,000 00 15,000 00 CHAPTER 3 Amusements and Exhibitions Article 1. General provisions. 2. Motion-picture exhibitions. 3. Common shows. ARTICLE 1 GENERAL PROVISIONS Sec. 1. Exhibitions and performances to be licensed. § 2. Issue of licenses, fee. § 3. Commutation of license fee. 3a. Admission tickets and charge therefor. 4. Revocation of license. 5. Unlicensed performances and exhibitions. 6. Preceding sections not applicable to certain performances. 7. Exits, to be numbered and indicated on programmes. 8. Protection against fire or panic. 9. Obstruction of aisles and passageways. 10. Sunday observance. 11. Sale of liquors; female waiters. 11a. Sale of tickets by ticket offices; issue of licenses; fee; revocation; penalties. § 12. Ticket speculators. § 13. Violations. Sec. 1. Exhibitions and performances to be licensed.-No person shall exhibit to the public in any building, garden or grounds, concert-room or other place or room within the city, any interlude, tragedy, comedy, opera, ballet, play, farce, minstrelsy or dancing, or any other entertainment of the stage, or any part or parts thereof, or any equestrian, circus or dramatic performance, or any performance of jugglers, or rope dancing, or acrobats, until a license for the place of such exhibition for such purpose shall have been first had and obtained, as hereinafter provided. (§ 1472. N. Y. Charter, now superseded by this ordinance and following sections as provided by § 3 of the Amendatory Act of 1901.) While this section includes public entertainments on a stage, The Mayor v. Eden Musee Co., 102 N. Y. 593, it has been held not to apply to those given merely to advertise goods, Weistblatt v. Bingham, 58 Misc. 328; People v. Martin, Deul, J., N. Y. Law Journal, Feb. 8, 1912; People v. Campbell, 51 App. Div. 565. This section is practically the same as § 1998 of the Consolidation Act, L. 1882, ch. 410, and there are also earlier decisions under that section. In Collister v. Hayman, 183 N. Y. 250, it was held this section conferred no new rights upon the patrons of theatres. §2. Issue of licenses, fee.-The commissioner of licenses is hereby authorized and empowered to grant and issue the license referred to in the preceding section, to continue in force until the first day of May next ensuing the grant thereof, on receiving for each license so granted, and before the issuing thereof, the sum of $500; provided that in the borough of Richmond such license fee shall be $100. Such licenses shall be uniform and may, in the discretion of the commissioner, contain provisions and conditions which, in his judgment, may be essential for the welfare and benefit of the people of and visitors to the city, including provisions and conditions, respecting the tickets or other tokens entitling their holders to admission to such places, and respecting the hours of opening and closing thereof. (Charter § 1473.) $1473. N. Y. Charter, changed by giving power to issue license to Commissioner of Licenses instead of the police department. It has been frequently held that granting the license was discretionary, not to be controlled by mandamus unless discretion was abused. See People ex rel. Rota v. Baker, 136 App. Div. 7; People ex rel. Armstrong v. Murphy, 65 App. Div. 123; People ex rel. Worth v. Grant, 58 Hun, 455. Power to restrict and regulate lawful occupations must be exercised with care to right of individuals. Great. N. Y. Athletic Club v. Wurster, 19 Misc. 443 (Gaynor, J.). See Matter of Ormsby v. Bell, 218 N. Y. 212. §3. Commutation of license fee. The commissioner of licenses is hereby authorized to grant licenses for exhibitions or performances, as provided in sections 1 and 2 of this article, for any term less than one year, and in any case where such license is for a term of three months or less, he is hereby authorized to commute the fee therefor for a sum less than $500, but in no case less than $250, for a theatre, or $150 for a circus, concert-room or other building or place whatsoever; provided that in the borough of Richmond such commutation of license fee shall be $50. (Ord. Feb. 14, 1911, as amend.) §3a. Admission tickets and charge therefor.-The right of admission to any exhibition or performance conducted by a licensee under a license, issued by the Commissioner of Licenses pursuant to the preceding sections of this article, shall be evidenced by a ticket, card or other token on the face of which shall be conspicuously printed the regular or established price or charge therefor; and if such licensee, or any officer or employee thereof, shall, for the sale of such a ticket, card or token, directly or indirectly, exact, accept or receive any greater amount then the sum of the regular or established price or charge therefor printed on the face thereof, plus the amount of any tax imposed by the Government of the United States upon such ticket, card or token or the right of admission thereunder, the license of such licensee may be revoked and annulled in the manner provided by this article; and such licensee, or such officer or employee, who shall so exact, accept or receive any such greater amount shall be liable to the punishment prescribed by section 13 of this article. (New.) 84. Revocation of license. Any license provided for by the preceding sections may be revoked and annulled by any judge or justice of a court of record, upon proof of a violation of any provision of this article. The proof shall be taken before such judge or justice, upon notice of not less than two days to show cause why such license should not be revoked. He shall hear the proofs and allegations in the case and determine the same summarily, and no appeal shall be taken from his determination. Any person whose license shall have been revoked or annulled shall not thereafter be entitled to a license under any provision of this chapter. On any examination, pursuant to a notice to show cause as aforesaid, the licensee may be a witness in his own behalf. (Charter § 1476.) This section must be construed with § 10, infra, which provides as to revocation for Sunday performances. See Matter of City of New York, 131 App. Div. 767. Also see People ex rel. Hammerstein v. O'Gorman, 124 App. Div. 222; In re Sullivan, 31 Misc. 1; Matter N. Y. Sabbath Committee, 44 Misc. 422. 85. Unlicensed performances and exhibitions.-In case any person shall open or advertise to open any theatre, circus or building, garden or ground, concert-room or other place, for any exhibition or performance referred to in section 1 of this article, without first having obtained a license therefor, as provided for by sections 2 or 3 of this article, the corporation counsel may apply to the supreme court, or any justice thereof, for an injunction to restrain the opening thereof until its proprietor shall have complied with the requirements of those sections, and also with such order as to costs as the court or justice may deem just and proper to make, which injunction may be allowed upon a complaint in the name of the city, in the same manner as injunctions are now usually allowed by the practice of said court. Any injunction allowed under this section may be served by posting the same upon the outer door of the theatre or circus or building wherein such exhibition |