Pennsylvania Act 1933-308 — SUNDAY MUSIC

Act text

SUNDAY MUSIC
                 Act of Jun. 2, 1933, P.L. 1423, No. 308              Cl. 04
                                  AN ACT

     Relating to Sunday music; permitting musicians to receive
        compensation for services rendered on Sunday; authorizing pay
        concerts to be given and broadcast on Sunday under certain
        circumstances, and allowing school and certain public
        buildings and parks to be used therefor; conferring powers
        and imposing duties on the Department of Public Instruction;
        and imposing penalties.

        Section 1.  Be it enacted, etc., That from and after the
     passage of this act, it shall be lawful for any musician within
     this Commonwealth to receive compensation for singing or playing
     on Sunday in connection with the rendering of any public concert
     authorized as hereinafter provided, but the compensation paid to
     any such musician shall not exceed an amount computed at the
     rate of compensation received by such musician for similar
     musical services rendered during week-days.
        Section 2.  If, and when, authorized by the Department of
     Public Instruction of this Commonwealth, public concerts may be
     rendered and broadcast anywhere within this Commonwealth on
     Sunday after twelve o'clock noon; and it shall be lawful for the
     person or persons rendering any such concert to charge an
     admission fee thereto at a rate which it is estimated will cover
     the expenses of rendering such concert, including light, heat
     and compensation to ushers, janitors and musicians: Provided,
     That the cost of light and heat and compensation to ushers,
     janitors and musicians shall not exceed an amount computed at
     the rate charged for light and heat and compensation to ushers,
     janitors and musicians for week-days: And provided further, That
     should the amount collected for admission fees to any such
     concert exceed the actual expenses for light, heat and
     compensation to ushers, janitors and musicians, the excess shall
     be paid to the Department of Public Instruction of this
     Commonwealth to be employed by it for such public music purposes
     as it may deem proper.
        Section 3.  The Department of Public Instruction may
     authorize concerts or series of concerts, to be rendered and
     broadcast as herein provided; such concerts, or series of
     concerts, to maintain music of high order, although not
     necessarily what is known as sacred music. Whenever the said
     department shall have authorized any such concert, or series of
     concerts, to be rendered and broadcast, it shall issue a permit,
     setting forth its authorization thereof, which permit shall also
     state the date or dates, hour or hours when, and place or places
     where, such concert, or series of concerts, shall be held. The
     Department of Public Instruction shall make a charge of five
     dollars for every permit issued under the provisions of this
     section.
        Section 4.  It shall be lawful to use any public school
     building, or any building owned by the Commonwealth or by any
     county, city, borough, incorporated town or township, or any
     public park, for rendering any concert authorized under the
     provisions of this act by the Department of Public Instruction,
     if the board of school directors, board of trustees, councils or
     other agency having control of such building or park shall give
     permission to make such use thereof.
        Section 5.  Any person or persons to whom the Department of
     Public Instruction shall have issued a permit under the
     provisions of this act shall keep an accurate account of all
     moneys received and expended in connection with the rendering
     and broadcasting of the concert, or series of concerts,
     authorized in such permit, and the Department of Public
     Instruction, by its duly authorized agent, shall have the right
     at any time to inspect and audit such account. In order to
     enable such audit to be made, the person or persons having
     charge of such account shall render a complete, verified
     statement of receipts and expenditures within thirty days after
     each concert to the Department of Public Instruction.
        Section 6.  It shall be unlawful at any concert rendered
     under the provisions of this act to provide any form of
     entertainment except music, and any person who shall provide or
     furnish, or assist in providing or furnishing, any other form of
     entertainment at any such concert shall be guilty of a
     misdemeanor, and, upon conviction thereof in the proper court,
     shall be punished by a fine of not less than one hundred dollars
     or more than one thousand dollars, or imprisonment for not less
     than thirty days or more than one year, or both, in the
     discretion of the court.
        Section 7.  Any person having charge of any concert, or
     series of concerts, rendered under the provisions of this act,
     who shall fail to pay to the Department of Public Instruction,
     as hereinbefore required, any moneys received as admission fees
     in excess of the actual cost of light, heat and compensation to
     ushers, janitors and musicians for such concert, or series of
     concerts, or who shall fail to keep an account of moneys
     received and expended, or fail or refuse to permit the duly
     authorized agent of the Department of Public Instruction to
     inspect and audit the same, shall be guilty of a misdemeanor.
     Upon conviction thereof in the proper court, any person who
     shall improperly retain moneys shall be punished by a fine in
     double the amount of the moneys so retained, or by imprisonment
     for not more than one year, or both, in the discretion of the
     court; and any person who shall have bailed or refused to keep
     an account of moneys received and expended, or to permit the
     duly authorized agent of the Department of Public Instruction to
     inspect such account, shall be punished, for a first offense, by
     a fine of not less than one hundred dollars or more than one
     thousand dollars, or by imprisonment for not less than thirty
     days or more than one year, or both, in the discretion of the
     court, and, for a second or subsequent offense, by a fine of not
     less than one hundred dollars or more than one thousand dollars,
     and by imprisonment for not less than thirty days or more than
     one year.