Approved Code No. 8-Amendment No. 1 Registry No. 1748-04

NATIONAL RECOVERY ADMINISTRATION

AMENDMENT TO

CODE OF FAIR COMPETITION

FOR THE

LEGITIMATE FULL LENGTH

DRAMATIC AND MUSICAL THEATRICAL

INDUSTRY

AS APPROVED ON OCTOBER 22, 1934

Tf, MEMBER

U.S.

WE DO OUR PART

UNITED STATES

GOVERNMENT PRINTING OFFICE

WASHINGTON: 1934

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Approved Code No. 8-Amendment No. 1

AMENDMENT TO CODE OF FAIR COMPETITIO

FOR THE

LEGITIMATE FULL LENGTH DRAMATIC A

MUSICAL THEATRICAL INDUSTRY

As Approved on October 22, 1934

ORDER

AMENDED CODE OF FAIR COMPETITION FOR TIE LEGITImATE 

LENGTIi DRAMATIC AND MUSICAL THEATRICAL INDUSTRY

An application having been duly made pursuant to and 

compliance with the provisions of Title I of the National Ind

Recovery Act, approved June 16, 1933, for approval of an A

Code of Fair Competition for the Legitimate Full Length D

and Musical Theatrical Industry, and hearing having been du

thereon and the annexed report on said Amended code, con

findings with respect thereto, having been made and directed 

President:

NOW, THEREFORE, on behalf of the President of the 

States, the National Industrial Recovery Board, pursuant to 

ity vested in it by Executive Orders of the President, in

Executive Order No. 6859, and otherwise, does hereby inco

by reference said annexed report and does find that said Am

Code complies in all recpects with the pertinent provisions a

promote the policies and purposes of said Title of said Act; a

hereby order that said Amended Code of Fair Competition 

it is hereby approved; supersedingy, upon its effective date, th

of Fair Competition for said Industry approved upon the 16

of August, 1933; subject to the following condition:

(1) The following named persons are hereby appointed t

without expense to the Administration as representatives 

interests of the theatre managers, the theatre ticket brokers 

consumers, Amended the nmendations to make purpose 926S5--124--S2--4-'-1 a Code; to report to and amendments contained study and determine the in recommendations operation said designed Article; whether (1)and said to to effect receive efiectiuate based provisions of Article on and the sa study id fully VII, results Articall eff
2

investigations to the National Industrial Recovery Boar

sixty (60) days of the date hereof

Lee Shubert. 225 Wde, 44th Street, New York, N. Y

Brock Peiiibertoi. 251 Wet 45th Street, New York, 

William McBride, 1494 Broadway, New York, N.. Y

Morris Rosenstien, 229 West 42nd Street, New York, 

1Paul Shields, 44 Wall Street, New York, N. Y.

Philip Witteiiberg.r, 70 West 40th Street, New York, 

NATIONAL INDUSTRIAL RECOVERY 

By S. CLAY WILLIAMs, C/airman.

Approval recoinumended:

Sot, A. RosENBi : A'LT,

DSivs8n Adini/r a).C.

WXAsJLNG'rON, 1). C..

O ctober 22, 1 '4.
REPORT TO THE PRESIDENT

The PRESS I)DENT

toe Wihite House.

SIR lThis is tie report of the National Industrial Recovery 

oil the application for public hearing on a Code of Fair Com

for the Legitimate Full Lenoth Dramatic and Musical Th

Industry, conducted in the Carlton Room of the Carlton H

Washington, D. C. on March 28, 29 and April 10, 1934. Eve

son who requested .n appearance was freely heard in acc

with statutory and regulatory requirements set forth in the N

Industrial Recovery Act.

This Code on the effective date will supersede the Code 

named Industry which was approved by you on August 16, 

The National Association of the Legitimate Theatre, Incorp

and the League of New York Theatres, Incorporated, claim to 

sent more than ninety-five percent of the employers mana

ownin-g legitimate theatres or managing or producing full 

dramatic or musical plays. The National Dramatic Stock A

tion claims to have on its roster more than sixty percent, of t

sons en11gaged in the management or production of full 

dramatic or musical stock plays.

RESu2mE F Ck D En PoVislo-NS

This Code which will supersede the Code approved Aug

1933, serves the interest of labor by an upward revision of m

wages and the insertion of maximum hour provisions for em

not heretofore embraced, will minimize explanations and in

tations and will aid any plan of effectuating self government 

the Industry.

The following is an analvsis of the various provisions of th

as compared to the Code approved August 16, 193", which 

Supersede:

HOURS

For the first time in the history of the legitimate theatre 

a limit to the rehearsal period. No actor or member of the 

is permitted to rehearse more than eight consecutive hours 

or laxed performa limited wage. minimum Watchmen, seven nevertheless All to nce. hours wages a labor maximumn clerical and a and maximum day, employed during hour respectively. office the work in seven employees hours. the week Industry days Theand preceding and rehearsal protected scenic isow provision the artists by proteca first ma
4

VAGES

There has been an upward revision of minimum wages 

actors who have had less than two years' theatrical ex

Some of the actors in this classic catIOn will receive seven

two-thlirds percent increase in wages eVen if they are paid 

mini hmm.

Classification of inimltum wa;1es in relation to the size o

in whi ich the stock company productionU is carried on is no

n1a te 

Company imnag1aners receive a twenty percent increase in 

mum wage alom with stock company treasurers, while stock 

mfial(ers receive a thirty-seven and one-half percent increa

minimum wage.

The minimum hourly rate for an usher, ticket taker, scrub 

theatre attendant, porter or any other employee is incr

twenity-five percent. This provision also demands that t

one-half the hourly rate of pay be given to the above na

ployees for every hour worked in excess of seven hours in 

d a v.

Employees working in a cooperative production are ben

a provision which guarantees the same minimum wage spe

employees working in a regular production.

GENERAL LABOR PROVISIONS

It is provided that where more stringent requirements 

age of employees and working conditions are provided for 

ing State and Federal statute, such statute shall supers

section in the Code.

An employee is protected from being dismissed or dem

reason of making a.complaint or giving evidence with resp

alleged violation of the Code.

Employers are prohibited from withholding wages and 

fines.

CODE AUTHORITY

The interest of the employee is very well protected by C

thority representation. It is specifically provided that wit

Atitlority of twelve, six shall represent the various labo

within the Indnstry. In addition to the membership of t

the Code Authority, it is also provided that there may be a

two members whose duty it shall be to safeguard the intere

consumer aInd an Administration Member. it and In is The interpretations provided order Trade to Practice adininister that regional of Riles provisiOns. TRADE the code wre provisions PRACTICE authorities clarified RULES of theo may minimize Code be organize

more expe
5

TICKET PROVISIONS

It is recognized that some of the methods and practices e

in the distribution and sale of theatre tickets have heretofore 

in evils and abuses. After months of study, ticket provision

should eliminate these abuses have been incorporated in the 

As a prere(luisite for handling tickets under the Code, 

agent must be licensed by the Code Authority. No ticket ag

use any subterfuge in his business dealings with inenber

Industry and the public. Each ticket agent must also pos

before the license is granted and the bond is subject to forf

after due hearing the Code Authority should find the agen

of an infraction. The ruling of the Code Authority is, howe

ject to the dilsapproval of the National Industrial Recovery 

It is provided as before that each producer be required 

twenty-five percent of his tickets in the box office for pub

No agency is allowed to charge more than seventy-five cents 

of the regular or box office price of tickets nor can any ag

the tickets of a producer who has been found guilty of viol

Code ticket provisions.

FINDINGS

The Deputy Administrator in his final report on said Ame

to said Code having found as herein set forth and on the ba

the proceedings in this matter the National Industrial R

Board finds that:

(a) The amendment to said Code and the Code as ame

well designed to promote the policies and purposes of Title 

National Industrial Recovery Act including the removal of 

tions to the free flow of interstate and foreign commerce wh

to diminish the amount thereof, and will provide for the 

welfare by promoting the organization of industry for the 

of cooperative action of labor and management inder adequ

ernmental sanction and supervision, by eliminating unfair 

tive practices, by promoting the fullest possible utilization 

present productive capacity of industries, by avoiding undue 

tion of production (except as may be temporarily required

creasing the consumption of industrial and agricultural 

through increasing purchasing power, by reducing and 

unemployment, by improving standards of labor, and by o

rehabilitating industry.

(b) The Code as amended complies in all respects with t

nent provision of said title of said act, including without li

subsection (a) of section 3, subsection (a) of section 7 and 

tion (b) of section 10 thereof. inequitable consented porated and said to (c)d) and are Industry The The will and industrial to restrictions National amendment not theis and permit League Amendment. that associations, Association on monopolies and of saiddmission New the associations Code truly of York to the monopolistic as membership Theatres, representative Legitimate amended iml)osed Incorporat

are practicestherein and Theatreof not imth
6

(e) The aiien elnunt and the Code as amended are not 

to and will not elimiinate or oppress small enterprises and 

operate to discriminate against them.

(f) Those engagkl d in other :steps of the economic proc

not been deprived of the right to be heard prior to approva

amendment.

For thiese reasons this amended Code has been approved.

For the Nntional Industrial Recovery Board:

S. CLAY WILLfAA

Cha

OCTOBER 22A 1934.
AMENDED CODE OF FAIR COMPETITION FOR 

LEGITIMATE FULL LENGTH DRAMATIC AND

SICAL THEATRI CAL INDUSTRY

ARTICLE I-PURPoSES

To effect the policies of Title I of the National Industr

covery Act, this Code is established as a Code of Fair Com

for the Legitimate Full Length Dramatic and Musical Th

Industry, and its provisions shall be the standard of fair c

tion for such Industry and be binding upon every member 

superseding the Code of Fair Competition for this Indus

proved on the 16th day of August, 1933.

ARTICLE II-DEFINITIONS

1. The term " Legitimate Full Length Dramatic and Music

atrical Industry ", or " Industry ", as used herein, includes all 

ties normally related to the production and presentation 

length theatrical performances of dramatic and musical pla

does not include grand opera, ballet, vaudeville, presentation

teur theatre, rep " show, " tab " show, tent show, wagon 

chautauqua, showboat, burlesque, or motion or sound pictu

formances.

2. The term "stock " or "stock companies " as used herein 

(a) legitimate theatrical performances of dramatic or musica

previously produced which are changed at frequent regular in

and rendered by a resident company of actors; and, (b) th

sional performance for a limited time of plays not previous

duced; and, (c) the interchange between two or more thea

stock or stock companies commonly known in the Industry a

cuit " or " rotary stock."

3. The term " member of the Industry " includes but witho

itation any individual, partnership, association, corporation o

form of enterprise engaged in the management or owner

theatres presenting, or the management of, or production 

length dramatic or musical plays, whether so engaged dire

indirectly or through agents.

4. T he term " employee " as used herein includes any and 

sons engaged in the Industry, however and by whom

compensated. such be ance 5. 6. classed classed Th Actors employee in fis0-1244-82-9--2 a term legitimate as shall " " " is Junior Senmployer coimpensated be or stock classed " ". for " as two as production; or used Juniors years (7) employed. herein, after andthereafter includes Seniors. An his first any public sch one acto

by p
8

7. The terms " President ", "Act ", and " Board " as us

mean respectively the President of the United States, Title 

National Industrial Recovery Act, and the National I

Recovery Board.

8. Population for the purposes of this Code shall be deter

reference to the latest Federal Census.

ARTICLE III-ioiURS

1. No actor or member of the chorus shall be permitted 

in excess of forty (40) hours in any one week except as h

otherwise provided.

2. No actor in a dramatic play shall be permitted to rehear

rehearsal period more than a maximum of eight (8) hou

one (1) hour of which shall be free time for lunch or din

e iglit (8) hours shall be consecutive and shall commence 

time of rehearsal call for each actor. The limitations im

this section shall not apply during the last seven (7) da

hearsal nor after the first public performance. Employ

not abuse this rehearsal privilege.

3. No actor or member of the chorus in a musical play 

permitted to rehearse during rehearsal period more than a 

of seven (7) hours a (lay in any period of ten ( 10) co

hours commencing with the time of rehearsal call for each 

member of the chorus. The limitations imposed by this sec

not apply during the last seven (7) days of rehearsal nor 

first public performance. Employers shall not abuse this 

privilege.

4. No theatrical stage employee, motion picture machine 

electrical worker, engineer, fireman, porter, oiler, or house 

shall be permitted to work in excess of forty (40) hours i

week; provided, however, the maximum hours herein e

shall not apply to members of road crews, except that 

wardrobe attendants shall not be permitted to work in 

forty-eight (48) hours in any one (1) week, nor in excess 

(8) hours in any twenty-four (24) hour period; and fur

vided that where, under any labor agreement between any 

of the Industry and any Union or its locals, heretofore ent

the hours of labor as of July 1, 1933, were less than the 

hours per week provided in this section, the hours provide

agreement shall be the maximum.

5. No watchman shall be permitted to work in excess o

(56) hours in any one (1) week nor more than six (6) da

one (1) week.

6. No person employed in clerical or office work who is 

than in sity in that eachin excess any the one thirty-five employee onee maximum of and week (1) forty one-half for (lay, dollarsr (40) hours all eight provided, the hours (11/)$35.00) herein time (8) in times hourhowever, worked any specified per in his week one any i that normal rate (1) may shall excess one week in be be case (1) of exceeded, or permitted forty day. of eight of specay (
9

7. No scenic artist shall be permitted to work in exess o

two (32) hours in any one (1) week. This Article shall n

to chargemien who are paid seventy-five dollars ($75.00) 

per week.

S. No usher, ticket taker, scrubwoman, theatre attendant

other employee not otherwise specifically provided for in this 

shall be permitted to work in excess of thirty-five (35) hour

one (1) week or seven (7) hours in any one (1) day; provid

ever, that in no case shall an employee be permitted to wor

cess of the maximum hours herein provided except that he 

one and one-half times his normal rate of pay for all hours 

in excess of seven (7) hours in any one (1) day and thirty-f

hours in any one (1) week.

9. Special resident summer season companies giving perfo

between the 15th of June and the 15th of September in 

barns, halls, or other buildings which are not situated in 

towns or cities of more than 30,000 inhabitants and which d

their location come into direct competition with a legitima

company or legitimate theatre open in the summer, are excep

the provisions of this Article.

10. By reason of the professional character of their emp

the maximum hours of employment of employees perform

duties of musicians shall as heretofore be established by pr

labor agreements, understandings or practices.

AnRTICLE I--WAGES

1. No Senior Actor shall be paid less than the followin

where the prevailing top box office price of the theatrical a

is four dollars and fifty cents ($4.50) or more, the minimu

shall be fifty dollars ($50.00) per week; where the prevailing 

office price of the theatrical attraction is four dollars ($

more but less than four dollars and fifty cents ($4.50), the m

wage shall be forty-five dollars ($45.00) per week; where the 

ing top box office price of the theatrical attraction is more th

dollars ($3.00) but less than four dollars ($4.00). the minimu

shall be forty-two dollars and fifty cents ($42.50) pei week

the prevailing top box office price of the theatrical attraction 

dollars ($3.00) or less, the minimum wage shall be forty 

($40.00) per week.

2. No Junior Actor shall be paid less than the followin

where the prevailing top box office price of the theatrical a

is four dollars ($4.00) or more, the minimum wage shall b

dollars ($30.00) per week; where the prevailing top box of

of the theatrical attraction is more than three dollars ($3

less than four dollars ($4.00), the minimum wage shall be 

top dollars seven or week. less 3. less, box than No dollars the ($35.00) office member thirty minimum and price of dollars per of fifty the chorus week the wage cents ($30.00) theatrical when shall ($27.50) in engaged be per a attraction musical twenty-five per week, by week; production nor a istraveling where thre dollars less than dollars the shall com($25pth
10

4. An actor or chorus member in a stock company produc

not be paid less than the rate as hereafter in this section 

(a) Actor.-Not less than six actors regularly employe

stock company shall each be paid not less than forty dollars 

per week; other actors, excluding local jobbers not Senio

shall be paid a minimum wage of not less than twenty-fiv

($25.00) per week. Senior Actor local jobbers shall be pai

than forty dollars ($40.00) per week.

(b) Chorus.-Inr a company operating for any time du

period from May 31 to Labor Day in any year, no memb

chorll m employed 1y a stock oipany shall be paid less than twentyfive dollars ($25.00) per week where the highest admission 

onie o1Ll ($1.00) or less; and thirty dollars ($30.00) w

Thighet adm-issin price is more than one dollar ($1.00) ; 

conpunmy operating durin any other period in the year, th

luIrs ( 0.00) pei week where the highest admission price is o

($1.(0) or less; and thirty-five dollars ($35.00) per week w

hh-1st admission price is more than one dollar ($1.00).

5. At the end of two weeks of rehearsal, a full week's sa

bA paid as an advance to all actors and members of the c

gagred at a wage of one hundred dollars ($100.00) a week 

and for the first and second weeks of production half sala

be paid to such actors and members of the chorus.

6. No theatrical stage employee, motion picture machine 

electiical worker, engineer, fireman, oiler, or any other sk

chaie or theatrical wardrobe attendant shall be paid less th

rate of thirty dollars ($30.00) per week for eight (8) perfo

or forty (40) houirs per week.

WhNr11, under any labor agreement between any memb

Industry and any union or its locals, heretofore entered 

waes as of July 1, 1933, were more than the minimum w

wee prONvided in this section, the wages provided in such a

shall be the minimum.

7. No company manager shall be paid less than fift

($50/0) per week and no house treasurer shall be paid less t

dollars ($40.00) per week. When engaged with a stock com

COI-ompany manager shall be paid less than forty dollars ($4

week an io house treasurer shall be paid less than thirt

30.00) per week.

8. N0 WatCinian shall b paid less than thirty cents (30$) 

9. NoL usher, ticket taker, scrubwoman, theatre attendant, porter,

or anyx other employee not otherwise specifically provided f

Articr, shaiI he paid less than forty cents (40g) per hour.

10. No press representative stationed in any particular 

shao1 presS b. Of five ances between ($75.00) 11. 12. exelUSIve paid cents be No Special representative less per aidscenic ($2.25) than services less week. rsideit the artist thantwenty-five per 15th No to shall fifty shall hour. the summer press of June dollars employer. be be dollars representative paid paid anseason ($50.00) less ($25.00) the less than companies 15th than per oftwo per ofweek a seventy-fivstock dllars September week giving and compfor no and 
11

tres, barns, halls, or other buildings which are situated in 

towns or cities of less than 30,000 inhabitants and which 

by their location come into direct competition with a legitim

company or legitimate theatre open in the sumner, are excep

the operation of this Article.

13. In all cooperative productions the guaranteed miniImm 

for all employees shall be those prescribed in this Code.

14. By reason of the professional character of their emi

the minimum wage of employment of employees perform

duties of musicians shall as heretofore b. establii;hed by p

labor agreements, understandings or practices.

A RTiC LE V-GENERAL LA BOR PLROVI Si s

1. No person under sixteen (16) years of age >ball be e

in the Industry, provided, however, that wih Ow consen

proper Governmental authority an actor under the age of 

(16) years may be engaged to fill a role especially written fo

actor or to fill a part req(jliring the services of a child actor. 

State any employer shall be deemed to have comnpliod with 

vision as to age if he shall have on file a certifloate or perm

signed by the authority in such State empowered to issue 

ment or age certificates or permits showing that the oiml)O

the required age. No person under eighteen (18) yeIrs of 

be employed at operations or occlupations which are hazar

nature or dangerous to health. The Code Auzihoi Ty shal 

ninety (90) days from the effective (late of this Code suml

Board a list of operations or occupations which are haza

nature or dangerous to health.

2. (a) Employees shall have the right to organize aid 

collectively through representatives of their own choosinig, 

be free from the interference, restraint or coercion of empl

labor, or their agents, in the designation of such representativ

self-organization or in other concerted activities for the pu

collective bargaining or other mutual aid or protection;

(b) No employee and no one seeking emnploym-nt shall be 

as a condition of employment to join any company unio

refrain from joining, organizing, or assisting a labor orga

of his own choosing; and

(c) Employers shall comply with the mnaximuhlm hours 

minimum rates of pay, an(l other conditions of eloyment a

or prescribed by the President.

3. There are a number of rules and regulations present

ing in respective or collective agreements between the empl

their organized employees. The employers and[ employee

themselves of employees rules duction Authority 4. Standards the employers. Each or cost regulations during employer to or for work the in safety th Board any for which prove shall hours loss a and within readjustiment provide of and health employment six at either for the ,hall (6) the of toplaces months he any result safety among submitted 0 and in their afteand all all prohibithe ha condeiplby the elh 
12

date of the Code. Wien such standards are approved by th

they shall b1onm part of this Code and shall be enforceable 

5. No provIsions in this Code shall supersede any State or 

Law which imposQs on employers more stringent requireme

age of (1plovCes, wages, hours of work, or as to safety

santary or gcnieral working condition, or insurance, or fir

tioni, t6h1an 11'\ impo11)( dl by th is Coe.

6. No employee shall be dismissed, demoted or otherwise 

nated against by reason of making' a complaint or giving 

with respect to an alleged violation of this Code.

7. All employers shall pot and keep posted comIplte copie

Code in conspictlous places readily accessible to employee

course of thoir employment. Every member of the Indus

comply with all riles and regulations relative to the posting 

visions of Codes of Fair Competition which may from time 

be prescribed by the Board.

8. An employer shall make payment of all wages (ie i

currency. Such wages and salaries shall be exempt fr

charges, fines or deductions, or payments for pensions, insu

sick benefits other than those voluntarily paid by the wag

or required by law. No employer shall withhold wages. 

ployer or his agents shall accept any rebates directly or i

on wages or salaries.

9. Employers shall engage actors, except where they th

employ such actors directly, only through agencies recogn

and acceptable to, the Actor's Equity Association.

ARTICLE VI-ORGANIZATION, POWERS AND DUTIES OF THlE 

AUTHORITY

ORGANIZATION AND CONSTITUTION

SECTIoN 1. A Code Authority is hereby establishe(l cons

twelve (12) or more persons to be selected in the following 

The National Association of the Leg'itiate Theatre, In

select three (3) duly authorized representatives; the Le

New York Theatres, Inc., shall select three (3) duly au

representatives. When any question involving stock prod

to be considered, the National Dramatic Stock Association m

two (2) representatives who shall replace, for the purpose o

one (1) reprtsentative from the National Association of th

mate Thekitre, Inc., aInd one (1) representative from the L

New York T 1 atrc , Inc. When any qte.Ation involvingr ti

tribition and t cket aUgelicis is to be considered. one (1) rc1

tive from the National Theatre Ticket Iistvibiitors, Inc., and 

Greater shall Alliance chine representa Code Equitv of Mus>'ians be OperatIfrs Authorify, selected Assiat New of tivYe Thei. of York from the one i (;), on, for rical 11 United United shall dulyChorus the the Sta authorized 1Stadts become determinationi Theatre ge States Equity Employees and ald and Ticket rtpj Association, Canada, be Canaa resentative additional of and Brokers such United Movjng Aileri1n questionseach the membe

Associ

SceniInterfrom PictFe
13

of America, and one representative from the group of emplo

hereinbefore embraced to be appointed by the Board upon 

tion by the Labor Advisory Board.

SECTION 2. In addition to membership, as above provide

may be two (2) members without vote whose duty it sh

safeguard the interests of the public, to be appointed by th

and one (1) member without vote to be known as the Adm

tion Member to be appointed by the Board to serve for s

as it may specify.

SECTIoN 3. Each trade or industrial association engag( 

Industry as a member or as an employer or in the dispo

tickets, which directly or indirectly participattes in the sel

activities of the Code Authority shall (1) impose no inequ

strictions on membership, and (2) submit to the Board tru

of its Articles of Association, By-Laws, regulations and any 

ments when made thereto, together with such other inform

to membership, organization, and activities as the Board m

necessary to effectuate the purpose of the Act or this Code

SECTION 4. In order that the Code Authority shall at all 

truly representative of the Industry and in other respects 

with the provisions of the Act, the Board may prescribe su

ings as it may deem proper; and thereafter if it shall find 

Code Authority is not truly representative or does not in 

spects comply with the provisions of the Act, it may re

appropriate modification of the Code Authority.

SECTION 5. Nothing contained in this Code shall const

members of the Code Authority partners for any purpo

shall any member of the Code Authority be liable in any m

anyone for any act of any other member, offloer, agent or 

of the Code Authority. Nor shall any member of the Code 

ity exercising reasonable diligence in the conduct of his du

under, be liable to anyone for any action or omission to a

this Code, except for his own wilful malfeasance or non-fea

POWERS AND DUTIES

SECTION G. S:!bject to such rules and regulations as may 

by the Board, the Code Authority shall have the followin

and duties, in addition to those authorized by other prov

this Code.

(a) To insure the execution of the provisions of this C

to provide for the compliance of the Industry with the prov

the Act.

(b) To adopt by-laws and rules and regulations for its p

subject to the approval of the Board.

reports tion members statistical Code gations purposes State (c) to shall Axencies To information as torecited of hebtain furnish reports are in relieve formathon required as from Industry in any it required Section members memberfor atiy as to designa"Ite; the tIe siulject any 3 to administration of (a Board of be Government ) the the subimitted to of the Industry provided Indudry this my Act Coile d'eum to aevcy. of such to tha)t of the the si necesi sui any all Code informaCodte. Poh No exisfirnFedry Ain
14

report shall be disclosed to any other member of the Industry 

other party except to such other Govermneital agencies as m

directed by the Boaird.

(d) To use sich trade associations or other organization

other a agencies as it deems proper for the carving out of any 

activities provided for herein, provided that nodiing herein 

believe tle Code Authority of its duties or responsibilities und

Code and thtL such trade associations anid agencies shall at al

Ie snbjct to Hnd comply with the provisions hereof.

(e) To ia ke recommendations to the Board for the co

tion of the a(inlijnstration of this Code with such other Co

any, as may be related to or affect members of the Tndiistry.

(f) 1. It being found necessary in order to support the ad

tration of this Code and to maintain the standards of fai

petition estal dished hereunder and to effectuate the policy of th

the Code Authority is authorized:

(a) To incur such reasonable obligations as are necessa

proper for the foregoing purposes and to meet such obligations 

funds which may be raised as hereinafter provided and whic

be held in trust for the purposes of the Code;

(b) To submit to the Board for its approval, subject to su

tice and opportunity to be heard as it may deem necessary 

itemized budget of its estimated expenses for the foregoin

poses, and (2) an equitable basis upon which the funds ne

to support such budget shall be contributed by members 

Industry;

(c) After such budget and basis of contribution have be

proved by the Board, to determine and obtain equitable contr

as above set forth by all members of the Industry, and to th

if necessary to institute legal proceedinlgs therefor in its own 

2. Each member of the Industry shall pay his or its eq

contribution to the expenses of the maintenance of the Co

thority, determined as hereinabove provided, and subject t

and regui'titions pertaining thereto iDsed by the Board. Only 

bers of the Industry complying with the Code and contribu

the expenses of its aninistration as hereinabove provided. 

duly exempted from making such contributions) shall be enti

palticipate in the selection of members of the Code Autho

to receive the benefits of any of its volintary activities or to 

use of any emblem or insignia of the National Recovery Ad

tration, and in the event the member of the Industry is 

mnembr Wof the Code Authority, to participate in the deliberation and

decisi( lwns of the C(ode Authority.

8. The Code Authority shall neither incur nor pay any obl

subtantial.y in excess of the amount thereof as estlnated 

tained approNved and penditures Board with Codes as (g) no the inshall To stib)equent may the budgenit, Tride appoint in have approved excess be Practice so related and budget a of approved. Trade shll prior budget, to Committees shall in no the budget Practice except Industry contain event esimates (numittee upon appointed exceed any for approval deficiency the purpose except the total which under those of item amouthe such shalof wh
15

latino fair trade practices to govern the relationships bi1tw

ployers under this Code and under such other Codes to the 

such fair trade practices mar be proposed to the Board as 

ments to this Code and such other Codes.

(h) To provide appropriate facilities for arbitration 

employers and, subject to the approval of the Board, to p

rules of procedure and rules to effect compliance with awa

determinations.

(i) To recommend to and consult with the Board concernin

fications of or amendments to this Code, which .hall bec me 

as a part hereof upon approval by the Board after such no

hearings as it may prescribe.

(j) To recommend to and consult with the Board coneern

administrative interpretations of this Code as it may propose

interpretations, upon the approval of the Board, shall becom

tive as a part of the Code.

(k) To recommend, if necessary, a uniform sta ndard 

contract with booking agencies for all legritimate attractio

(1) To create regional code authorities con1l)seIId of 

number of employers and employees in order to more ef

apply the provisions of this Code. Subject to the provision

Code such regional code authorities shall have such autho

shall act under such rules and regulations as mrny: be prvesC

the national Code Authority.

GENERAL ADMINISTRATIVE PROVISION

SECTION 7. If the Board shall at any time determine t

action of a Code Authority or any agency thereof may b

or unjust or contrary to the public interest, the Board may 

that such action be suspended to afford an opportunity fo

tigation of the merits of such action and further consider

such Code Authority or agency pending final action whi

not be effective unless the Board approves or unless it s

to disapprove after thirty (30) days' notice to it of inte

proceed with such action in its original or modified form.

ARTICLE II-TRADE PRACTICE RULES

RULE 1. No member of the Industry shall publish adv

whether printed, broadcast or displayed, which is mislea

inaccurate in any material particular, nor shall any membe

way misrepresent any services, policies or the nature or 

the business conducted.

RULE 2. No member of the Industry shall aid, abet or 

theo accept such the inion of RULE such rendering release release of actor author, a 3. employment motion to No orr his leave dismissal dismissal member dramatist exclusive picture the in cast of of motion for or any the any services of actor. the Industry author, actorn pictures. purpose attraction in for connection dramatist shall the of purpose then aid, securing o withplaying abet actor of the or pee
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RULE 4. No member of the Industry shall aid, assist or 

pate in a " buy ". A " buy " is defined as a purchase of 

either directly or through an intermediary, for commercial 

RULE 5. Insofar as members of this Industry can lawfu

trol the same, the motion picture of a currently playing le

attraction shall not be permitted to be released until such at

has had the fullest opportunity to complete its run and enj

showing.

RULE 6. No member of the Industry shall aid or assist in 

tribution of " throw-aways ", or " two-for-ones " or any oth

of ticket or literature which when presented at the theatre bo

together with an amount of money less than the regular b

price entitles the holder to theatre seats, unless the 'throw-

ticket or literature plainly states the amount of money requi

the conditions under which the seats may be purchased.

ARTICLE VIII-TICKET PROvISIONS

SECTION 1. The terms "Agent " or "Agency " as used here

be deemed to include every person, firmi, corporation or oth

of enterprise, including clubs, receiving for sale or selling 

tickets.

SECTION 2. " Theatre tickets " or " tickets " as used herein 

deemed to include any and every form of evidence of the 

entry to a Legitimate Full Length Dramatic or Musical Th

production.

SECTION 3. No member of the Industry shall consign, tran

deliver for sale any theatre ticket to any Agent, who shall n

an effective and unrevoked Legitimate Theatre Ticket 

Certificate duly issued by the Code Authority as her

provi(led. SECTIoN 4. The Code Authority shall cause a non-assigna

vokable Legitimate Theatre Ticket Agency Certificate to be d

to any Agent who shall apply therefor and who shall

(a) Duly execute a written Agency Contract on behalf 

self, his agents, servants and employees in such form as 

approved by the Code Authority and the Board, which shall 

provisions that the Agent agrees (1) Not to sell any theatre ticket in excess of the box offi

plus the sum of seventy-five cents and tax;

(2) To keep conspicuously posted in every establishment, 

of sale so that all persons visiting such establishment or pla

readily see the name, a price list, the form of which shall 

proved by the Code Authority, showing the box office price, 

commission and tax; dated liswhichever in and under; (3) (4) (5) the regulations or receipt Not To Internal in is give, to accordance the charge sowingell Revenue upon lower; as any may for the with ticket the Laws be any request number the provisions or not theatre of may conspicuously the of of have ticket United any tickets of been purchaser, in sub-section States, sold, excess marked promulgated the and of a name as sign

the (1) sucp
17

theatre for which such tickets are issued and the total price

ing tax, paid therefor;

(6) Not to engage in any form of subterfuge whatsoeve

will fristrate the purposes of this Article;

(7) That the Code Authority may, at any reasonable time

any and all ticket racks and books or records kept by suc

with respect to tickets;

(8) Not to give or receive any commission, gratuitv or 

connection with the sale or delivery of or payment for ticke

connection with the ticket business of Such Agent, except as 

permitted in this Article;

(9) Not to sell any ticket of a member of the Industry w

have been found by the Board to have violated any provi

this Article;

(10) That the principal amoamt of the bond given to sec

Agency Co)ntract. as hereiniafter provided, shall become imm

due and payable to the Code Authority upon the determina

the Code Authority that such Agent has broken his contract;

(11) Not to establi -h or maintain any office, branch office 

of b11siness within one hu ndred feet of any theatre with

written permission of the Code Authority;

(12) That the sale of any ticket not conspicuously marke

cordance with the provisions of this Article, shall be deeme

facie evidence of a breach of such Agency Contract;

(13) To such further provisions as may from time to time 

p

scribed by the Code Authority and approved by the Board, 

(b) File with the Code Authority a bond in such form, 

reasonable amount, and with such surety or sureties as may 

proved by the Code Authority and the Board conditioned 

faithful, true and comJplete performance of the provisions 

Agency Contract specified in this Article. Such bond shall 

provide that, its principal amount as therein stated shall bec

mediately due and payable to the Code Authority upon th

mination by the Code Authority that the Agent has bro

contract and that the Certificate of the Code Authority shal

clusive proof of such breach with respect, to any and all su

such bond.

SECTiON 5. Each member of the Industry shall cause every 

ticket to be conspicuously marked showing the total box off

and tax, and, in addition thereto, shall conspicuously mar

ticket showing the maximum amount to be paid when pu

from an Agent.

SECTIoN 6. Each member of the Industry shall retain 

twent y-five percent (25% ) of the theatre tickets in all part

theatre for sale at the box office for each preo-entation, which 

resold the marked provisions conspicuously commission, SECTION box by office shall such of 7. gratuity only, this No be marked broker: deemed member paragraph. and or to shall and bonus prima idlentify of the not the in puiirchase be facie industry them connection delivered 111 evidence as by theatre sh1 tohe with of a broker broker a tickets ye the violation or sale, of forrecfoti
18

or possession of or payment for any ticket, or in connection w

ticket business done by the Agent.

SECTION 8. No member of the Industry shall aid, abet, a

participate in the breach of any Agency a agreement entered in

suant to this Article, nor shall any memb,1ri of the Industry 

in any form of subterfuge whatsoever which will frustr

purposes Of this Article.

SECTI0N 9. The Code Authority may institute investigat

and shall hear all evidence with respect to any complaint o

tion of this Article, including, but without limitation, the 

of any Agency Coitract,.and after notice and hearing shl

mine whether such violation exists. Upon the determinati

iny violation exists with respect to any Agent the Code Au

may suspend or revoke such Agent's Legitimate Theatre 

AgVency Certificate, and may institute in its own name such le

ceedings as it may deem proper on such Agient's Contract 

bond. Upon the determination that any violation exists with 

to any member of the Industry, the Code Authority may reco

to the Board such further proceedings under the Act as i

proper.

SECTIoN 10. The Code Authority may prcscribr such ru

regulations, subject to the approval of the Board, as it ma

proper to effectuate the purposes of this Article.

SECTION 11. T he provisions of this Article shall apply only 

Cities as may be designated by the Code Authority subject 

approval of the Board.

SECTION 12. Any person aggrieved by any determination 

Code Authority may appeal to the Board within seven day

such determination and notice thereof and the decision of the 

shall be final and binding on the parties involved.

SECTION 13. If any provisions of this Article, or the app

thereof to any person or circumstances, are held invalid, 

mainder of this Article, and the application of such provis

other persons or circumstances shall not be affected thereby.

ARTICLE IX-MODIFICATION

1. This Code and all the provisions thereof are expre,.-dy 

subject to the right of the President, in accordance with the 

sions of subsection (b) of Section 10 of the Act, from time 

to cancel or modify any order, approval, license, rule or reg

issued under Title I of said Act.

ArTICLE X-MONUNOPOLIE s

monopolies discriminate against the increase No spirit member provision emplyment ARTICLE and or of intent moopolistic practices, in the XI-PROmrrIBITON this small by of Industry universal this Code enterprises. Code, shall shall covenant, which use AGAINST be or any sois,to to subterfuge among applied removeSUBTERFUGE eliminate, other obstructas toppto thifr
19

commerce, to shorten hours of work and to raise wages to 

basis.

ARTICLE XII-SAVNG CLAUSE

The promulgation of this amended Code shall not affec

any wise impair or obstruct the imposition of any pena

feiture or punishment for offenses committed against prov

the Code of Fair Competition for this Industry approved 

16th day of August, 19,33, during the period of its effective op

1n1r ayV investigation, lgal proceedingr or remedy in respec

such offenses; nor any defenses thereto which might ha

lawfully interposed under said prior Code.

A111TLE XIII-EFFECTIVE DATE

This Code shall become effective ten days after its approv

App roved Code No. S-Amfendment No. 1.

Registry No. 1748-04.

0

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UNIVERSITY OF FLORIDA

3 1262 08855 7474