person to enter such agency for any purpose, by the use of force or by taking forcible possession of said person's property. No person shall procure or offer to procure help or employment in rooms or on premises where intoxicating liquors are sold to be consumed on the premises whether or not dues or a fee or privilege are exacted, charged, or received directly or indirectly, except in office buildings in which are located cafés and restaurants. For the violation of any of the foregoing provisions of this section the penalties shall be a fine of not less than twentyfive dollars, and not more than two hundred and fifty dollars, or imprisonment for a period of not more than one year, or both, at the discretion of the court.

SEC. 191. Enforcement.-1. In cities of the second and third class and in cities of the first class having a population of less than three hundred thousand, this article, so far as it relates to such cities, shall be enforced by the mayor or an officer appointed by him.

2. In cities of the first class having a population of three hundred thousand or more, the enforcement of this article so far as it relates to such cities shall be intrusted to a commissioner to be known as a commissioner of licenses, who shall be appointed by the mayor, and whose salary, together with those of a deputy commissioner, and inspectors to be appointed by him, shall be fixed by the board of estimate and apportionment. Said commissioner of licenses and deputy commissioner shall have no other occupation or business. The commissioner of licenses shall appoint inspectors, who shall make at least bi-monthly visits to every such agency. Said inspectors shall have suitable badges which they shall exhibit on demand of any person with whom they may have official business. Such inspectors shall see that all the provisions of this article, so far as it relates to such cities, are complied with, and shall have no other occupation or business. 3. Complaints against any such licensed person shall be made orally or in writing to the mayor or commissioner of licenses, or be sent in an affidavit form without appearing in person, and reasonable notice thereof, not less than one day, shall be given in writing to said licensed person by serving upon the licensed person either personally or by leaving the same with the person in charge of his office, a concise statement of the facts constituting the complaint, and a hearing pursuant to the powers granted to the mayor or commissioner of licenses as provided in section one hundred and seventy-four shall be had before the mayor or commissioner of licenses within one week from the date of the filing of the complaint and no adjournment shall be taken for a period longer than one week. A daily calendar of all hearings shall be kept by the mayor or commissioner of licenses and shall be posted in a conspicuous place in his public office for at least one day before the date of such hearings. The mayor or commissioner of licenses shall render his decision within eight days from the time the matter is finally submitted to him. Said mayor or commissioner of licenses shall keep a record of all such complaints and hearings. The said mayor or commissioner of licenses may refuse to issue and shall revoke any license for any good cause shown, within the meaning and purpose of this article and when it is shown to the satisfaction of the mayor or commissioner of licenses that any licensed person is guilty of any immoral, fraudulent, or illegal conduct in connection with the conduct of said business, it shall be the duty of the mayor or the commissioner of licenses to revoke the license of such person; but notice of the charges shall be presented and reasonable opportunity shall be given said licensed person to defend himself. Whenever said mayor or commissioner of licenses shall refuse to issue or shall revoke the license of an employment agency, said determination may be reviewed by certiorari. Whenever for any cause such license is revoked, said mayor or commissioner of licenses shall not within three years from the date of such revocation issue another license to said licensed person or his representative or to any person with whom he is to be associated in the business of furnishing employment, help, or engagements. In the absence of the commissioner of licenses, the deputy commissioner of licenses may conduct hearings and act upon applications for licenses, and revoke such licenses.

SEC. 192. Violations.-The violation of any provision of this article except as otherwise provided in this article shall be punishable by a fine not to exceed twenty-five dollars, and any city magistrate, police justice, justice of the peace, or any inferior magistrate having original jurisdiction in criminal cases, shall have power to impose said fine, and in default of payment thereof to commit the person, so offending for a period not exceeding thirty days. The said mayor or commissioner of licenses or any person, his agent or attorney, aggrieved because of the violations of this article shall institute criminal proceedings for its enforcement before any court of competent jurisdiction.

NORTH CAROLINA

MICHIE'S CODE, 1935

SECTION 7312 (n). Definition.-Employment agency within the meaning of this article shall include any business operated by any person, firm or corporation for profit and engaged in procuring employment for any individual, for any person, firm, or corporation in the State of North Carolina and making a charge on the employee or employer for the service.

SEC. 7312 (o). License.-No person, firm, or corporation shall engage in the business of operating any employment agency, as designated in section 7312 (n), in North Carolina without first making a written application to the Commissioner of Labor and Printing and being licensed by him as herein provided, to engage in such business. Upon receiving an application from such person, firm, or corporation it shall be the duty of the Commissioner of Labor and Printing to make an investigation into the character and moral standing of the person, firm, or corporation. If after such investigation, the Commissioner of Labor and Printing shall be satisfied that such person, firm, or corporation is of such character and moral standing as to warrant the issuance of a license to engage in the business covered by this act then he shall issue a license to such person, firm, or corporation as provided herein.

SEC. 7312 (p). Regulation.-The Commissioner of Labor and Printing is authorized and empowered to make general rules and regulations in relation to the licensing of such employment agencies and for the general supervision thereof in accordance with this act.

SEC. 7312 (q). Inspection.-The Commissioner of Labor and Printing is authorized and empowered by himself, his assistant, or agents, duly authorized by him to that effect, to investigate the books and records of any employment agency licensed under this act, when he deems it best for the public interest to do so to effectuate the purposes of this act and for cause to rescind the license theretofore granted by him if upon such investigation he finds that such employment agency is not complying with the terms and conditions of this act, under which it was licensed by him, to engage in such business. Before rescinding the licenses issued hereunder, after such investigation the Commissioner of Labor and Printing, after first giving 10 days' notice to the holder of such license, to appear and show cause why such license should not be revoked, shall hold a hearing at the County Court House of the County in which such licensee is doing business, when and where the results of the investigation of the Commissioner of Labor and Printing or his duly authorized agents shall be presented under oath, before the Commissioner of Labor and Printing, and the said licensee may also and in accordance with said notice, present evidence to show why such license should not be revoked; and the licensee shall have the right of appeal within 10 days to the superior court. SEC. 7312 (r). Hearings.-The Commissioner of Labor and Printing, his assistant or deputy shall be empowered to subpoena witnesses and administer oaths in making investigations and taking testimony to be presented at the hearing to be held before the Commissioner of Labor and Printing as hereinbefore provided for. SEC. 7312 (s). Witnesses.-The County Sheriffs and their respective deputies shall serve all subpoenas of the Commissioner of Labor and Printing, and shall receive the same fees as are now provided by law for like services, and each witness who appears in obedience to such subpoena shall receive for attendance the fees and mileage for witnesses in civil cases of courts of the county in which the hearing is held.

SEC. 7312 (t). Records.-The Superior Court shall, on the application of the Commissioner of Labor and Printing, his assistant or duly authorized deputy, enforce by proper proceedings the attendance and testimony of witnesses and the production and examination of books, papers, and records.

SEC. 7312 (u). Special fund.-The license fee, charged under the provisions of this act, shall be paid into a special fund of the department of labor and the proceeds of such license fees shall be used for the purpose of the supervision and the regulation of the employment agencies, including costs of investigations or hearings to revoke licenses and the necessary traveling expenses and other expenditures incurred in administering this act.

SEC. 7312 (v). Violations. Any person, firm, or corporation conducting an employment agency in the State of North Carolina, in violation of this act shall be guilty of a misdemeanor, and if a person punishable by a fine of not less than five hundred dollars, or imprisonment of not less than six months, or both; and if a corporation, by a fine of not less than five hundred dollars and not more than one thousand dollars.

SEC. 7312 (w). Public agencies excepted.-This act shall not in any manner affect or apply to any employment agency operated by the State of North Carolina, the Government of the United States, or any city, county or town, or any agency thereof.

SEC. 7312 (x). Application of act.-This act shall in no wise conflict with or affect any license tax placed upon such employment agencies by the general revenue act of North Carolina but instead shall be construed as supplementary thereto in exercising the police powers of the State.

OHIO

PAGE'S GENERAL CODE, 1932

Private employment offices

SECTION 886. License.-No person, firm, association of persons, or corporation shall engage in the business of an employment agency, for hire, within the State of Ohio, without first obtaining a license so to do from the Industrial Commission of Ohio, and paying to said industrial commission an annual license fee of one hundred dollars and executing and filing with the said industrial commission a bond as provided in section 6 [891] of this act (Gen. Code, secs. 886 to 896-16).

SEC. 887. Definitions.-A person, firm, association of persons, or corporation who secures, or by any form of representation or by means of signs, bulletins, circulars, cards, writings, or advertisements, offers or agrees to secure or furnish employment, engagements of help, or information or service of any character concerning or intended or purporting to promote, lead to, or consummate employment, shall be deemed an employment agency, and subject to this act (Gen. Code, secs. 886 to 896-16) governing such agencies.

SEC. 888. Same.-The term "hire" as used in this act (Gen. Code, secs. 886 to 896-16) shall be deemed to mean and include any charge, fee, compensation, service, or benefit exacted, demanded, or accepted, or any gratuity received, for or in connection with any act, service, or transaction comprehended by the term "employment agency" or for or in connection with any transaction or representation which includes matters comprehended by the term "employment agency." SEC. 889. Same.-The term "employment" as used in this act (Gen. Code, secs. 886 to 896-16) shall be deemed to mean and include every character of service rendered or to be rendered and every engagement undertaken, for wages, salary, commission, or other form of remuneration whatsoever.

SEC. 890. Exemptions.-Bona fide educational, religious, charitable, fraternal, and benevolent organizations in which no fee, commission, or other charge is made for services rendered other than the ordinary membership dues; bona fide labor organizations undertaking to secure, or securing work for their own members; and bona fide employers' organizations undertaking to secure, or securing help for their own members shall not be subject to the provisions of this act (Gen. Code, secs. 886 to 896-16).

SEC. 891. Issue of license.-Licenses shall be granted only upon written application which shall be upon blanks prescribed and furnished by the Industrial Commission of Ohio. The application shall be accompanied by the annual license fee of one hundred dollars payable to the industrial commission and by a sufficient bond payable to the State of Ohio, in the penal sum of one thousand dollars ($1,000) to the satisfaction of the industrial commission, conditioned for the observance of the provisions of this act (Gen. Code, secs. 886 to 896-16) and of the lawful orders of the industrial commission issued thereunder, and an action may be brought thereon by the industrial commission for violation of the provisions of this act or lawful orders issued thereunder. And such bond shall be liable for all injuries accruing to any person or persons on account of the violation of the provisions of this act, or lawful orders of the industrial commission by such licensee or his representatives, and an action may be brought thereon by the party injured in his own name for such recovery.

SEC. 892. Terms; contents.-Upon approval of the application for license and bond by the industrial commission, a license which shall be effective for one year from the date thereof, unless revoked as provided herein, shall be issued by the industrial commission. The license shall contain the name or names of the applicant, location of office, name of person who is to have general management of the business, name under which business is to be carried on, the number of the license, and the date of issuance and date of expiration of the license.

SEC. 893. Refusal.-The Industrial Commission of Ohio may refuse to issue a license to an applicant, if, in its judgment such applicant or its officials or members are not of good moral character or have violated the laws or orders of the

Industrial commission of Ohio relating to employment agencies, or have violated laws of Ohio or ordinances of any city or village thereof, which in the judgment of the industrial commission, renders such persons improper persons for such license. If the industrial commission refuses to grant a license the license fee and bond shall be returned to the applicant by the said industrial commission.

SEC. 894. Revocation.-If the industrial commission of Ohio, as herein provided, shall find a licensee, or representative, partner, or employee of such licensee has been convicted in any court of the State of Ohio of violating any of the provisions of this act or orders of the industrial commission, or if such licensee, or representative, partner, or employee of such licensee has been guilty of violating any of the provisions of this act (Gen. Code, secs. 886 to 896–16) or orders of the commission or is found by the industrial commission to be not of good moral character, said industrial commission may revoke said license which shall thereupon become null and void and said industrial commission shall immediately notify such licensee of such revocation whereupon such licensee may within 10 days after the issuance of such notice petition the industrial commission of Ohio for a hearing in the same manner as is provided for employers or other persons specified in section 27 of the industrial commission act, approved March 18, 1913. SEC. 895. Expiration.-Each license shall become void upon the date of its expiration as set forth in the license and it shall be returned immediately to the industrial commission of Ohio.

SEC. 896. Change of location.-No licensee shall change the location of his business to any place other than that specified in the license without first obtaining the written consent of the industrial commission and no license shall be effective for any place of business other than that designed [designated] therein.

SEC. 896-1. License to be posted.-Each licensee shall post his license in a conspicuous place in his waiting room and a copy of the law and the orders relating to its enforcement adopted by the industrial commission of Ohio in each room used for business purposes.

SEC. 896-2. Record.-Every licensee shall keep a true and correct record in the English language of the business transactions of his office upon such forms only as are prescribed or approved by the industrial commission of Ohio. Such records shall be open at all reasonable hours to the inspection of the industrial commission of Ohio, or any of its authorized representatives. On or before the fifth day of each month, every employment agency shall mail to the industrial commission of Ohio upon a form prescribed and furnished by said industrial commission, a report covering the work of the preceding calendar month.

SEC. 896-3. Acts prohibited.-The following restrictions are placed on the operations of licensed employment agencies:

(a) No applicant for employment shall be sent to a house of ill repute, or other place resorted to for prostitution or gambling.

(5) No prostitute, gambler, intoxicated person, procurer, or other bad character shall be allowed to remain in the office or place of business.

(c) No applicant for employment shall be sent or directed to any fictitious job or position and no employment agency shall knowingly or negligently make any false representation concerning any matter within the scope of the business of the employment agency and the nonexistence of any such job or position or the falsity of any such representation, shall constitute prima facie evidence of the violation of this section.

(d) No employment agency shall knowingly or negligently send an applicant to any place where a strike or lockout exists or is impending without notifying the applicant of such condition in writing and the existence of a strike or lockout, shall constitute prima facie evidence of the violation of this section.

(e) No person conducting an employment agency shall connive with any employer or his agents or employees to secure the discharge of an employee; nor shall an employer or any one in his employ or representing it, give or receive any gratuity, divide, or offer to divide, or share directly or indirectly, any fee, charge or compensation received from any applicant for employment.

No person conducting an employment agency shall circulate any false information by advertisements, signs, letters, posters, cards, or in any other way; or make any false statements or misrepresentations to any person seeking employment, or to any employer seeking an employee.

(g) No person conducting an employment agency shall make any false entry or statement in any record or in any receipt or other document used in his business. (h) No person conducting an employment agency shall use any name or designation in his business unless such name has been approved by the industrial commission of Ohio.

() No employment agency shall be conducted in connection with any place in which intoxicating liquors are sold in or in any room adjacent thereto.

SEC. 896-4. Fees.-Employment agencies may charge such registration fees as shall be fixed by the industrial commission of Ohio. The schedule of maximum fees, charges, and commissions for actually securing employment or help shall be fixed by the industrial commission of Ohio and such fees shall be graded according to nature of business, length of employment, and wages. These schedules of registration fees and of other fees, charges, and commissions shall be posted in a conspicuous place in every room in which business is conducted by the employment

agency.

SEC. 896-5. Regulations.—The industrial commission of Ohio shall enact regulations providing conditions under which the licensee shall refund registration fees, and other fees, charges, and commissions, and under which the licensee shall pay expenses incurred when applicants are sent outside the city in which the employment agency is located to alleged jobs or positions which did not exist or to jobs or positions where conditions were misrepresented.

SEC. 896-6. Receipts.-A receipt in such form, as the industrial commission of Ohio shall prescribe or approve shall be given to every person paying a fee or other commission to an employment agency.

SEC. 896-7. Violations.-Whoever violates section 1 of this act (Gen. Code, secs. 886 to 896-16) shall be guilty of a misdemeanor and shall be fined for the first offense not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) and cost of prosecution; and for the second or any subsequent offense, he shall be fined not less than two hundred dollars ($200.00) nor more than one thousand dollars ($1,000.00) and costs of prosecution.

SEC. 896-8. Other violations.—Whoever violates any provision of this act (Gen. Code, secs. 886 to 896-16) relating to employment agencies or orders of the Industrial Commission of Ohio, issued thereunder, except as otherwise provided in section 18 shall be fined for the first offense not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00) and costs of prosecution; and for the second or any subsequent offense, he shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) and costs of prosecution.

SEC. 896-9. Disposition of fines.-All fines collected under the provisions of this act (Gen. Code, secs. 886 to 896-16) shall be paid, one-half to the county in which the prosecution is had and one-half to the industrial commission of Ohio, and all money received by the industrial commission from license fees, bonds recovered, or fines as provided by this act, shall be paid by the industrial commission into the state treasury.

SEC. 896-10. Enforcement.-The industrial commission of Ohio shall have full power, exclusive supervisory jurisdiction and authority to administer the provisions of this act (Gen. Code, secs. 886 to 896-16) as provided in section 22, subsection 9, of the industrial commission act, approved March 18, 1913 (103 Ohio Laws, 95); and to issue all necessary orders for carrying into effect this act, as provided in sections 25 and 41 of the industrial commission act.

SEC. 896-11. Trials for offenses.-At all trials for offenses against the provisions of this act (Gen. Code, secs. 886 to 896-16) and orders of the industrial commission issued thereunder, a certificate of the custodian of the records of the industrial commission of Ohio attested by the secretary of said industrial commission, to the effect that the records do not disclose that the defendant in such proceeding was the holder of a license at the time of the commission of the offense charged, shall constitute prima facie evidence in said case that the defendant was not authorized to engage in the business of an employment agency.

SEC. 896-12. Competent evidence. In the prosecution for conducting an employment agency for hire without being licensed, it shall be competent to allege and prove any number of transactions or particulars coming within the scope of the term "employment agency" but a single transaction shall be deemed engaging in the business of an employment agency.

SEC. 896-13. Who liable for violations.—The owner or manager or other person in control of an employment agency shall be liable for all violation of laws or lawful orders of the industrial commission of Ohio committed by any agent, representative, or employee of said agency within the scope of the business of the agency, as well as all parties personally participating in such violations.

SEC. 896-14. Courts of jurisdiction.-Justices of the peace, police judges, judges of municipal courts, and mayors of cities and villages shall have final jurisdiction coextensive with the county in all cases for violation of provisions of this act or of orders of the industrial commission issued thereunder and the procedure provided by law for such courts shall extend to all such cases.