SEC. 152. Unlawful to open agency without license.1-It shall be unlawful for any person or persons to open or establish in any city or town, whether incorporated under special charter or general law, or elsewhere within the limits of the state of Colorado, any intelligence or employment office, for the purpose of procuring or obtaining, for money or other valuable consideration, either directly or indirectly, any work, employment, or occupation for persons seeking the same, or to otherwise engage in the business, or in any way to act as a broker between employers and persons seeking work, without first having obtained a license so to do from the city or town where such intelligence or employment office is to be opened or such business is to be carried on. Any person violating any of the provisions of this section shall, upon conviction thereof, for each and every offense, be subject to a fine not exceeding one hundred ($100) dollars.

SEC. 153. Cities and towns to issue licenses. -Every city or town in this state shall, by ordinance, provide for the issuing of licenses as contemplated by sections 152 to 164 of this chapter, and shall establish such rules and regulations as are not herein provided for the carrying on of the business or occupation for which such license may be issued.

SEC. 154. Application for license. -Any person or persons applying for a license under the provisions of sections 152 to 164 of this chapter, shall make application to the city council, or board of trustees, through the city or town clerk, for the same, and shall deposit with the city or town treasurer, in advance, the annual fee for such a license, to be evidenced by the receipt of the city or town treasurer endorsed on the said application. If the city council, or board of trustees, refuses to order the issuance of such license to the party or parties applying for the same, the sum so deposited with the city or town treasurer shall be refunded to him, her or them, without any further action of the city council or board of trustees.

SEC. 155. License fee; bond.-Any person or persons licensed under the provisions of sections 152 to 164 of this chapter shall pay an annual license fee of not more than one hundred (100) dollars in advance, and before such license shall be issued, shall deposit with the city or town treasurer a bond in the penal sum of two thousand (2,000) dollars, with two or more sureties, to be approved by the officers designated by ordinance; such bond shall be made payable to the city or town where such business is to be carried on, and shall be conditioned that the person or persons, company or corporation applying for the license will comply with sections 152 to 164 of this chapter, and shall pay all damages occasioned to any person by reason of any mis-statement or mis-representation or fraud or deceit of any person or persons, their agents or employees, in carrying on the business for which they were licensed. If at any time, in the opinion of the mayor and city or town treasurer, the sureties, or any of them, should become irresponsible, the person or persons holding such license shall, upon notice from the city or town treasurer, give a new bond, to be approved as hereinbefore provided. Failure to give a new bond within ten days after such notice shall operate as a revocation of such license, and the license shall be immediately returned to the city or town treasurer, who shall destroy the same. Licenses granted under sections 152 to 164 of this chapter may be transferred by order of the city council or board of trustees, but before such transfer shall be authorized, the applicant for the same shall deposit with the city or town treasurer the sum of five (5) dollars, which shall be endorsed upon the application, and the person to whom such license is transferred shall also deposit such a bond as is required of an applicant for an original license, as hereinbefore described, and to be approved in the same manner.

SEC. 156. Certificate of license. Upon the granting of a license by the city council or board of trustees, under sections 152 to 164 of this chapter, the city or town treasurer shall, within one week after payment of the license fee, issue to the party or parties entitled to the same, a certificate setting forth the fact that such a license has been granted, and it shall be the duty of all persons, who may obtain such certificate, to keep the same publicly exposed to view in a conspicuous place in their office or place of business. Every person paying a fee for employment shall receive a receipt for the same, which receipt shall state in plain terms the agreement between the intelligence or employment agent or broker, and the person paying such fee, and if the terms of the said agreement are not fulfilled the said fee shall be forthwith returned to the person who paid the same.

SEC. 157. Fees.-It shall be lawful for any person or persons or his or their agents, runner or employee, whether acting with or without compensation, engaged in the business of an employment or intelligence agent or broker to charge

1 It seems that private employment agencies are now required to obtain two licenses. Sections 152-164 require a license from the city or town in which the agency operates. See editor's note, Statutes Annotated,

any person applying for work as a day laborer, mechanic, artisan or household or domestic servant, a fee for his services equal in the case of males to five (5) per cent and no more on one month's wages and board, and in the case of females three (3) per cent, and no more on one month's wages and board. The limitations imposed by this section shall not apply in any manner to persons or corporations engaged in the business of procuring employment for any other class or classes of persons than those specifically enumerated above.

SEC. 158. Acts forbidden. Any person or persons, as aforesaid, keeping an intelligence or employment office, who shall send out any female help to any place of bad repute, house of ill fame or assignation house, or to any house or place of amusement kept for immoral purposes, shall be liable to arrest, and to pay a fine of not less than one hundred (100) dollars, and to imprisonment until such fine is paid; and on conviction thereof, in any court, shall have his or their license rescinded.

SEC. 159. Sending out help without order.-Any person or persons, who shall send out any help, male or female, without having previously obtained a written bona fide order, with proper references of two responsible persons, shall be subject to the same penalties as are provided in the last preceding section.

SEC. 160. Dividing fees.-Any person or persons, as aforesaid, keeping an intelligence or employment office, sending out help to contractors or other employers of help, and dividing the office fees with subcontractor, and employers of help, or their foreman or any one in their employ, shall, on conviction thereof in any court, have their license at once forfeited, and be fined in a sum of not less than one hundred (100) dollars.

SEC. 161. Register open for inspection. Every person, company or corporation duly licensed under sections 152 to 164 of this chapter, shall enter upon a register to be kept for that purpose, every order received from any corporation, company or individual desiring the service of any persons seeking work or employment, the name and address of the corporation, company or individual, from whom such order was received, the number of persons wanted, the nature of the work or employment, the town or city, street and number, if any, where such work or employment is to be furnished, the wages to be paid, and a correct record of the names of all persons who have been sent and the time of sending such persons to procure work or employment on such order. No order for help shall be considered a bona fide order unless the same be entered upon the register, as herein provided. There shall also be entered on said register the names of all applicants depositing a fee for the purpose of registering their names with the view of obtaining work or employment, and the nature of the work or employment wanted. The said register shall be open at all reasonable hours to the inspection of any peace official of any municipality in this state.

SEC. 162. False information or entries; failure to keep register.—If any person or persons, or his or their agent or employees engaged in the business of employment or intelligence agent or broker, duly licensed, as provided in sections 152 to 164 of this chapter, shall give any false information or shall make any mis-statement or shall make any false promises concerning any work or employment or occupation, or shall fail to keep such a register as is described in the preceding section, or shall wilfully make any false entries in such register, or shall violate any other provisions of sections 152 to 164 of this chapter, for which violation penalties are not hereinbefore provided, shall, upon conviction thereof, for each and every offense, be fined in any sum not exceeding two hundred (200) dollars, and the license under which such person or persons have been permitted to conduct the business of any employment or intelligence office, shall forthwith be forfeited.

SEC. 163. Actions against agencies.-All claims or suits brought in any court against any employment or intelligence agent, may be brought in the name of the party injured upon the bond deposited with the city or town treasurer by said employment or intelligence agent, as provided in section 155 of this chapter, and may be transferred, as other claims, for damage in civil suits; the amount of damages claimed by the plaintiff, not the penalty named in the bond, shall be the test of the jurisdiction of the court in which the action is brought.

SEC. 164. Charitable associations excepted.-Nothing herein shall be construed so as to require any religious or charitable association which may assist in procuring situations or employment for persons seeking the same, to obtain a license so to do under the provisions of sections 152 to 164 of this chapter, provided it receives no payment whatever for its services in the way of fees.

SUBDIVISION 3.-Theatrical employment agencies

SECTION 165. Title.-This subdivision shall be known, and may be cited, as the Theatrical Employment Agencies Law of 1935.

SEC. 166. Definitions.-The term "theatrical employment agency" as used in this subdivision means the business of conducting an agency, bureau or office for the purpose of procuring or offering, promising, or attempting to provide engagements for circus, vaudeville, theatrical or other entertainments or exhibitions or performances, or of giving information as to where such engagements may be procured or provided.

The term "theatrical engagement" as used in this subdivision means any engagement or employment of a person as an actor, entertainer or performer in a circus, vaudeville, theatrical or other entertainment, exhibition or performance.

The term "emergency engagement" as used in this subdivision means an engagement which has to be performed within 48 hours from the time when the contract for such engagement is made.

The word "employer" as used in this subdivision means any person employing or seeking to employ any person for hire.

The word "employee" as used in this subdivision means any person performing or seeking to perform work or service of any kind or character whatsoever for hire. The word "person" as used in this subdivision means any person, firm, association or corporation.

The term "Commission" as used in this subdivision means the Industrial Commission of Colorado.

The term "licensee" as used in this subdivision shall mean any theatrical employment agency or employee or agent of said theatrical employment agency according to context.

The term "license" as used in this subdivision means a license to operate a theatrical employment agency, or to operate as an agent or employee of any theatrical employment agency.

SEC. 167. Licenses.-(a) No person shall open, operate, or maintain a theatrical employment agency in the State of Colorado without first (1st) procuring a license from the Commission; Provided, That regularly established educational institutions, religious, labor, charitable, benevolent organization and departments or bureaus maintained for the purpose of obtaining employment for which no fee, compensation, or other valuable consideration is charged or received, directly or indirectly, but shall not open, operate, or maintain such theatrical employment bureau or department until a permit has been secured from the Commission.

(b) No person shall as an agent or employee of any theatrical employment agency in the State of Colorado act for, aid or assist such theatrical employment agencies in the procuring, or offering, promising, or attempting to provide engagements for circus, vaudeville, theatrical or other entertainments or exhibitions or performances, or in the giving of information as to where such engagements may be procured or provided without first (1st) procuring a license from the Com

mission.

SEC. 168. Same: application. Every applicant for a license shall file with the Commission a written application, stating the name and home address of the applicant, the kind of license desired, the street and number of the building in which the theatrical employment agency shall be maintained, if an office building, the number of the office, the name of the person who is to have the general management of the office, the names of those financially interested therein, the name under which the business of the office is to be carried on, and whether or not the license is desired for the operation of a theatrical employment agency or for an agent or employee of such agency. Such application shall be signed by the applicant and sworn to before any one qualified to administer oaths.

SEC. 169. Investigation of applicant.-Upon the filing of an application for a license as provided in the last preceding section, the Commission shall cause an investigation to be made as to the character and financial standing of the applicant; also of the person who is to have the general management of the office, and as to the location of the office. The applicant shall be rejected if the Commission shall find that any of the persons named as applicants in the application or the general manager of the office are not of good moral character, business integrity or financial responsibility, and if there is any good sufficient reason within the meaning and purpose of this subdivision for rejecting such application. Unless the applicant shall be rejected for one (1) or more causes specified above, it shall be granted. A detailed record of such investigation shall be made in writing and become a part of the official records of the Commission.

SEC. 170. Bond.-Every application for a license shall be accompanied by a bond in the sum of one thousand dollars ($1000) by a duly authorized surety company to be approved by the Commission, and filed by the Commission in the office of the Secretary of State, and shall be conditioned that the person or persons applying for the license shall comply with the terms of each and every contract entered into between the person or persons, and any employee or employer, and said bond shall further be conditioned to guarantee to the employer or employee the return of any moneys paid out by him as set forth in this subdivision. Such bond shall further be conditioned so that the revocation of any license shall not affect the coverage provided by the bond as to any acts that occurred prior to the date of such revocation. If at any time in the opinion of the Commission the surety shall become irresponsible, the person holding such license shall upon notice given by the said Commission give a bond subject to the provisions of this subdivision. The failure to give a new bond within ten (10) days after such notice shall operate as a revocation of a license.

SEC. 171. License fees.-The license fees shall be as follows: (a) For the operation of such theatrical employment agency, one hundred dollars ($100) and,

(b) For each employee of said licensed theatrical employment agency who shall represent such theatrical employment agency for the purpose of procuring or offering, promising, or attempting to provide engagements for circus, vaudeville, theatrical or other entertainments or exhibitions or performances, or the giving of information as to where such engagements may be procured or provided, fifty dollars ($50).

SEC. 172. Contents of license.-The license shall state the name of the licensee, the location of the office, where the business is to be conducted, the name of the person who is to be charged with the general management of the office, the name under which the business is to be carried on, and whether or not issued for the operation of a theatrical employment agency or to an agent or employee of such agency. The license shall be numbered and dated. Every application for a license sha'l be granted or refused within thirty (30) days from the filing, and application forms for the renewal of license shall be furnished by the Commission to each applicant on or before November 15th of each year.

SEC. 173. Expiration.-Every license unless previously revoked shall remain in force until December 31st next after its issue.

SEC. 174. Revocation.—(a) Should the Commission find that any licensee has violated any of the general provisions of this subdivision, or has acted dishonestly in connection with his business, or has improperly conducted his business, or that any other good sufficient reason exists within the meaning and purposes of this subdivision, said Commission shall suspend or revoke said license or refuse to grant a new license upon the termination thereof, but in any case no such action shall be taken until a written notice has been served on said licensee specifying the charges against said licensee and the said licensee has been given a fair hearing with respect thereto.

(b) The decision of the Commission, either refusing, suspending, or revoking a license under this subdivision shall be subject to review according to the laws of the State of Colorado by the District Court of the County where the licensee conducts or intends to conduct his business.

(c) Whensoever for any cause a license is revoked said Commission shall not within three (3) years from the date of such revocation issue another license to the person or persons whose license has been revoked or to his or their representatives, or to any person with whom he or they may be associated. This provision shall not apply to any case where an appeal has been taken as provided under subdivision (b) of this section and the court has found for the person or party taking the appeal.

SEC. 175. License nontransferable.-No license granted under the terms of this subdivision shall be transferable.

SEC. 176. Place of business.-No theatrical employment agency shall be opened, conducted or maintained in any other place than that specified in the license without the written consent of the Commission. So long as a theatrical employment agency shall continue to act as such under its license it shall maintain and keep open an office or place of business at the place specified in the license.

SEC. 177. False advertising. No theatrical employment agency or the agent or employee thereof shall wilfully cause to be printed, published or circulated false or fraudulent notice or advertisement for employees or for obtaining employment. SEC. 178. Violations.-Any person found guilty of the violation of any section of this subdivision shall be guilty of a felony and shall be subject to a fine of not less than three hundred dollars ($300) or more than one thousand dollars

($1000) or by imprisonment not to exceed four (4) years or both at the discretion of the court.

SEC. 179. Constitutionality.-[This section provides that unconstitutional sections shall not affect other parts of the law.]

CONNECTICUT

CONNECTICUT STATUTES, 1930

CHAPTER 130.-Employment bureaus

SECTION 2343. Definitions.-The term "person" as used in this chapter, shall include persons or a company, society, association or corporation, and the term "employment agency" shall include the business of keeping an intelligence office, employment bureau or other agency for procuring work or employment for persons seeking employment or for acting as agent for procuring such work or employment where a fee or other valuable thing is exacted, charged or received for registration or for procuring or assisting to procure employment, work or a situation of any kind or for procuring or providing help for any person.

SEC. 2344. License. No person shall open, keep or carry on any employment agency unless he shall procure a license from the commissioner authorizing the licensee to open, keep or carry on such agency at a designated place, which license shall be issued by the commissioner on payment of a fee of twenty-five dollars for each year, which money shall be paid by him to the State treasurer. shall contain a designation of the city, the street and the number of the house Each license in which the person licensed intends to carry on such employment agency and the number and date of such license. Such agencies shall be conducted in offices

suitable for such purpose which shall be approved by said commissioner.

SEC. 2345. Bond.--Each person shall file with his application for a license s bond to the State in the sum of five hundred dollars, with surety approved by the commissioner, conditioned that the obligor shall not violate any provision of this chapter. The commissioner may cause an action to be brought on such bond in the name of the State for any violation of its conditions; and he may revoke any license whenever, in his judgment, the person licensed shall violate any provision of this chapter.

Sec. 2346. Registers. Each person so licensed shall keep a register in which shall be entered, in the English language, the name and address of each applicant and of each person who shall make application for help or servants and the nature of the employment for which such help shall be wanted. Such register shall, at all reasonable hours, be open to the examination of the commissioner and his agents.

SEC. 2347. Fees, receipts, etc.-Each such licensed person shall give to each applicant for employment from whom a fee or other valuable thing shall be received for procuring such employment, a receipt in which shall be stated the name of the applicant, the amount of such fee or other valuable thing, the date and the name or nature of the employment or situation to be procured and a separate receipt in which shall be stated the name and address of the person or persons to whom the applicant shall be referred or sent for employment or work. In case the applicant shall not obtain or accept a situation or employment through the agency of such licensed person, such licensed person shall forthwith return to such applicant upon demand the amount of the fee or the valuable thing paid or delivered to such licensed person. In case the applicant shall accept the situation with the person to whom he has been referred, such applicant shall forfeit the fee or valuable thing paid as aforesaid. Each such receipt shall have printed on its back, in the English language, a copy of this section, and each licensed person shall cause a plain and legibly printed copy of this section to be posted in a conspicuous place in such agency or place of business. No person shall display, on any sign or window or in any publication, the name, "The Connecticut Free Public Employment Bureau,' or a name similar thereto.

SEC. 2348. Acts forbidden-violations.-No such licensed person shall send or cause to be sent any female help or servants to a place of bad repute, house of ill fame or assignation house or to a house or place of amusement kept for immoral purposes. No such licensed person shall publish or cause to be published any false or fraudulent notice or advertisement or give any false information or make any false promise relating to work or employment to any one who shall register for employment; and no such licensed person shall make false entries in the register kept by him. Any person violating any provision of this chapter shall be fined not more than one hundred dollars.