pictures are displayed, in which the seating capacity does not exceed 600 persons and in which there is no stage or scenery;

3. Open-air motion-picture theatre, any public place or space in the open air, in which motion pictures are exhibited and in which there is no stage or scenery. (Ord. July 8, 1913, §§ 352a, 352b.)

§ 31. Control of motion-picture theatres.-The commissioner of licenses shall regulate and control all motion-picture theatres and open-air motionpicture theatres. The commissioner shall appoint such inspectors as may be necessary to carry out the provisions of this article. (Id., § 352c.) Granting a license is in discretion of mayor and not abuse when refused near a school. People ex rel. Moses v. Gaynor, 77 Misc. 576.

When moving-pictures were new and before this ordinance there was a question whether they were common shows. Weisblatt v. Bingham, 58 Misc. 328; People v. Wacke, 77 Misc. 196.

§ 32. Licenses. 1. Issue and re-issue.-All motion-picture theatres and open-air motion-picture theatres must be duly licensed. The commissioner may grant and issue any license required by this section. Motion picture theatre licenses and open-air motion-picture theatre licenses shall expire on the 30th day of June next succeeding the date of the issue thereof. 2. Fees.-License fees shall be as follows: For each motion-picture theatre, $100;

For each open-air motion-picture theatre, $50;

For motion-picture theatre licenses, and open-air motion-picture theatre licenses issued between the 1st day of January and the 30th day of June, inclusive, of any year, one-half the above mentioned fee shall be paid. (New.)

832a. Exceptions.-All the provisions of this article excepting the provisions of subdivision 2 of section 30, and subdivision 2 of section 32, and all the provisions of article 24 of chapter 5, excepting the provisions of section 501, subdivisions 1, 3 and 5 of section 502, subdivisions 2, 3 and 4 of section 503, and subdivisions 1, 2 and 4 of section 506, shall apply to any motion-picture theatre in a hotel located at a summer resort, where the seating capacity does not exceed 1,000, and in which there is no stage or scenery, and to which no admission fee is charged or exacted; provided, however, that no such motion picture theatre shall be operated above or below the ground floor of any building and that the Commissioner of Licenses shall have power in his discretion to enforce the provisions of subdivisions 3 and 4 of section 503, relating to exits and courts. The license fee for a motion-picture theatre as defined by the above paragraph shall be $100. (Ord. eff. July 7, 1916.)

§33. Application for motion-picture theatre licenses.-Applications for motion-picture theatre licenses or for open-air motion-picture theatre licenses shall be made to the commissioner of licenses, who shall pass upon the location of the theatre and upon the character of the applicant for the license without delay. Upon the application for the issue or reissue of a license for a motion-picture theatre or an open-air motionpicture theatre, the commissioner shall request the fire department, the department of water supply, gas and electricity, the department of health, and the bureau of buildings of the borough in which such theatre is located, to inspect the same, and the said departments and the appropriate bureau of buildings shall, within ten days after receiving such requests, file in the department of licenses detailed written reports, which shall include a statement of any violation of law, ordinance rule or regulation relating to such structure, and any dangerous condition existing therein. Upon the failure of any department or bureau, except the fire department and the bureau of buildings having jurisdiction, to file such report, the commissioner may disregard such department or bureau and, in his discretion, may issue a license. Each applicant for a license for a motionpicture theatre or an open-air motion-picture theatre, shall file plans and specifications for the theatre with the bureau of buildings of the borough in which the theatre is situated, or is to be erected or constructed, and a copy of such plans and specifications, duly approved by the appropri

ate superintendent of buildings, shall be filed in the department of licenses with the application for the license. (Id., § 352c rearranged.) § 34. Means of egress. 1. Indication.-Over every exit there must be painted on the inside in letters not less than 6 inches high, the word "Exit" in legible type, and one red light or illuminated sign must be placed inside over each exit, and illuminated while the audience is present.

All

2. Obstruction, prohibited.-All exit doors and doors leading to fireescapes in all motion-picture theatres and open-air motion-picture theatres must be unlocked when the theatres are open to the public. passageways and exits to the street required by law or ordinance must be kept free and clear, and shall be used for no other purpose than for entrance and exit to and from the theatre. No aisle, passageway or space in the rear of the seats in such a theatre shall be obstructed by any camp stool, chair, sofa, or settee, nor shall any person be permitted to stand or sit therein. (Id., § 352D.)

Obstructing aisle a misdemeanor under § 1530, Penal Law. People v. Marks, N. Y. Law Journal, Feb. 15, 1913.

$35. Fire prevention. 1. Care of films.-Every booth in which a motion-picture projecting machine shall be operated shall contain an approved fireproof box for the storage of all picture films not on the projecting machine, and films shall not be stored in any other place on the premises. No film shall be rewound and repaired in a motionpicture theatre, except in the booth or in some other enclosure approved as fireproof by the fire commissioner. The requirements of this section shall apply to portable booths and booths in open-air theatres, as well as to motion-picture theatres. (Id., §§ 352D, 352E.)

"2. Cellars. The basement or cellar under the auditorium shall be kept free and clear, except the space used for the heating apparatus, for machinery connected with the theatre and for coal and except further that such basement or cellar if separated from the auditorium by an unpierced floor, either of fireproof construction or covered on the under side with fire-retarding material approved by the Fire Commissioner and Superintendent of Bureau of Buildings, may be occupied for a business deemed by the Fire Commissioner not to be hazardous." (Amend. Nov. 9, 1915.)

§ 36. Fire extinguishing appliances.-Portable fire extinguishing appliances, approved by the fire commissioner, shall be provided in every motion-picture theatre and open-air motion-picture theatre, of the following kind and number:

1. 10-quart capacity buckets, painted red with the word "Fire" in black, the letters 4 inches high, to the number of 6 for places seating less than 300 without a gallery, and 2 additional if there be a gallery, and to the number of 10 in places seating over 300 persons, and 4 additional buckets if there be a gallery;

2. Fire extinguishers, approved by the fire commissioner, of which 2 shall be on the main floor and 2 in the gallery, if there be one, and 1 in the operating booth;

3. 4-pound flat-head axes, 2 of which shall be on the main floor and 2 in the gallery, if there be one;

4. 2 buckets filled with dry sand, to be kept in the operating booth. (Id., § 352D.)

837. Heating.-When the temperature of the outdoor air is below 60 degrees F., the air in a motion-picture theatre, while an audience is present, shall be maintained at a temperature not lower than 62 degrees F. nor higher than 70 degrees F. If gas stoves, oil stoves or other apparatus throwing off products of combustion are used to heat such a theatre, said products of combustion must be carried to the outside air by means of a fireproof flue or flues. No radiator shall be placed in the aisles of such a theatre, so as to lessen the width below the minimum requirement.

§ 38. Lighting-Every portion of a motion-picture theatre, as defined aforesaid, including exits, courts and corridors devoted to the uses or accommodation of the public, shall be so lighted by electric light, during

all exhibitions and until the entire audience has left the premises, that a person with normal eyesight should be able to read the Snellen standard test type 40 at a distance of 20 feet, and type 30 at a distance of 10 feet; normal eyesight meaning ability to read type 20 at a distance of 20 feet, in daylight. Cards showing types 20, 30 and 40 shall be displayed on the side walls, together with a copy of this section.

§ 39. Ventilating.-Motion-picture theatres, as defined aforesaid, having less than 200 cubic feet of air space for each person, or motion-picture theatres in which the outside window and door area is less than oneeighth of the floor area, shall be provided with artificial means of ventilation which shall supply, during the time when the audience is present, at least 500 cubic feet of fresh air per hour for each person.

Motion-picture theatres having more than 200 cubic feet of air space for each person, or having outside windows and doors the area of which is equal to at least one-eighth of the floor area, shall be provided with artificial means of ventilation, that shall be in operation when the outside temperature requires the windows to be kept closed, and which shall supply, during the time the audience is present, at least 500 cubic feet of fresh air per hour for each person. When the artificial ventilation is not in operation, ventilation by means of open doors and windows shall be sufficient to provide each person with 500 cubic feet of fresh air per hour.

Motion-picture theatres having more than 1,000 cubic feet of air space for each person and having outside windows and doors, the area of which is equal to at least one-eighth of the total floor area, shall not be required to have artificial means of ventilation, provided the air is thoroughly changed by freely opening doors and windows, immediately before the admission of the audience and at least every 4 hours thereafter.

No part of the fresh air supply required by any paragraph of this section shall be taken from any source containing vitiated air. The area of outside doors and windows shall mean the area capable of being freely opened to the outside air for ventilation purposes. When fresh air is supplied by means of ventilating openings, at least 1 inlet shall be situated at one end of the room, and at least 1 outlet at the other end of the room. Where exhaust or inlet fans are necessary, at least 1 of such fans shall be placed in an outlet opening. The inlet opening or openings shall be placed in the floor or within 2 feet from the floor, and the outlet opening or openings in the ceiling, or within 2 feet of the ceiling. The inlet openings and their surroundings shall be kept free from dust so that the incoming air shall not convey dust or stir up dust as it enters. During the time spectators are present, the air in the theatre shall be kept continuously in motion by means of fans to the number of at least 1 to every 150 persons. Such fans shall be placed in positions remote from the inlet and outlet openings. No person shall be exposed to any direct draft from any air inlet.

§ 40. Sanitation. 1. Toilets.-Separate toilets for each sex must be provided in every motion-picture theatre and open-air motion-picture theatre. 2. Cleanliness.-All motion-picture theatres shall be kept clean and free from dust. Their floors, where covered with wood, tiles, stone, concrete, linoleum, or other washable material, shall be mopped or scrubbed with water, or swept with moisture or by some dustless method, at least once daily, and shall be scrubbed with water and soap or water and some other solvent substance, at least once weekly. All carpets, rugs and other fabric floor coverings in such theatres shall be cleaned at least once daily, by suction cleaning, beating or dustless sweeping. Curtains and draperies shall be cleaned at least once monthly, by suction cleaning, beating or washing. Cornices, walls and other dust-holding places shall be kept free from dust by washing or moist wiping. The wood and metal parts of all seats shall be kept clean. Fabric upholstering of seats and railings and other fixed fabrics shall be cleansed by suction cleaning, or other dustless method, at least once monthly. (Id., § 352F.) § 41. Public morals.-The inspectors of the department of licenses

shall investigate the character of exhibitions in motion-picture theatres and open-air motion-picture theatres, and shall report to the commissioner any offense against morality, decency or public welfare committed in said exhibitions. (Id., § 352G.)

§ 42. Private or non-professional exhibitions of motion pictures.The provisions of this article shall not apply to motion-picture exhibitions, with or without charge for admission, conducted under the direct management of educational or religious institutions, or held or given in conjunction with and incidental to banquets, entertainments, lectures, receptions, or dances, nor to motion-picture exhibitions, without charge for admission, given or held not more than once a week in private residences or in bona fide social, scientific, political or athletic clubs, nor to any motion picture exhibitions in which the apparatus for projecting such motion pictures uses only an enclosed incandescent lamp, only cellulose acetate or other slow-burning film of a size or perforation differing from the Standard as used in theatrical machines, and is approved by the Fire Commissioner as being unsuitable for the use of inflammable motion-picture films.

1. Before motion pictures shall be exhibited, as above provided, there shall be obtained from the commissioner of licenses a permit for such exhibition, application for which shall have been filed in the department of licenses.

2. Before granting such permit, the commissioner shall cause to be inspected the premises where it is proposed that exhibition shall be held, and shall grant the permit if, in his judgment, the safety of the public is properly guarded, and provided that, for an audience of more than 75 people, all chairs or seats shall be securely fastened to the floor or fastened together in rows;

3. The apparatus for projecting such motion pictures shall be contained in a fire-proof booth or enclosure constructed as required by the law; except the apparatus or motion-picture machine uses only cellulose acetate films of a size or perforation differing from the Standard as used in theatrical machines, and uses only an enclosed incandescent lamp and is approved by the Fire Commissioner as being unsuitable for the use of inflammable motion-picture films.

4. Every such exhibition shall be subject to the inspection of the officers and inspectors of the department of licenses, for the purposes of this article.

5. The commissioner of licenses may, in his discretion, impose a fee for the issuance of such permit, which said fee, however, shall not exceed $5 for one month or part thereof.

6. Nothing contained in the foregoing paragraphs of this section shall be so construed as to permit any person, association or club to hold any motion picture exhibitions, excepting exhibitions held under the direct management of educational or religious institutions or given or held in conjunction with and incidental to banquets, entertainments, lectures, receptions, expositions or dances, where an admission is charged without the payment of such license fee as is provided for in section 32, article 2, chapter 3 of this ordinance. (Amend., July 16, 1915 and Dec. 28, 1915.)

§ 43. Operators of motion-picture machines. 1. License required.

No person shall operate any motion-picture apparatus or any connection thereof, unless he shall have been duly licensed as hereinafter provided.

2. Application for license.-Any person desiring to act as a motionpicture operator shall make application for a license as such to the commissioner of water supply, gas and electricity, who shall furnish to each applicant blank forms of application which he shall fill out and file with the commissioner.

3. Examination.-The commissioner shall make rules and regulations governing the examination of applicants and the issuance of licenses and certificates; provided that each applicant shall be given a practical examination, under the direction of the commissioner.

4. Issue of license and certificate.-If, on such examination, the applicant is found to be competent to operate motion-picture apparatus and its connections, he shall receive the license for which he has applied, within 6 days after his examination; which license shall continue in force for 1 year from the date of issue, unless sooner revoked or suspended. With every license granted there shall be issued to the person obtaining such license a certificate, made by the commissioner or such other officer as the commissioner may designate, setting forth that the person named therein is duly authorized to operate motion-picture apparatus and its connections.

5. Posting certificate.-The certificate shall be displayed in a conspicuous place in the room in which the licensee operates a motionpicture apparatus and its connections.

6. Discipline.-The license and certificate may be revoked or suspended at any time by the commissioner, in his discretion, for

cause.

7. Renewal of license.-Every license, unless revoked or suspended, as herein provided, may, at the end of a year from the date of issue thereof, be renewed by the commissioner in his discretion, upon application and with or without further examination as he may direct, but every application for renewal of license must be made within the 30 days previous to the expiration of such license.

8. Unlicensed operators.-No person, not licensed as provided in this section, shall be employed to operate or be permitted to operate any motion-picture apparatus, or any connections thereof, in any motion-picture theatre, open-air motion-picture theatre or other place where motion pictures are exhibited, to which the public is admitted, with or without charge for admission. (Adapted from § 529a. Charter.)

Granting license for moving-picture operator is not judicial act reviewable by certiorari. Matter of Whitten, 152 App. Div. 506.

§ 44. Violations.-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 $100, or by imprisonment not exceeding 30 days, 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 $50, to be re covered in a civil action. (C. O. § 379 slightly changed.)