Sir:- Some months ago, at your suggestion, this office undertook a systematic study of the conditions surrounding the operation of moving picture shows in New York City. In conducting this investigation, we were able to secure the assistance of the representatives of various civic and philanthropic organizations. Through the reports of their investigators, and the efforts of our own inspectors, it was possible to come into touch with nearly every motion picture show in the city. The result of our examination, together with certain recommendations, we beg to submit in this report.
Moving picture shows are of comparatively recent origin. No laws or ordinances of any particular consequence, with the exception of section 484 of the Penal Code, applying to the admission of children under sixteen years of age unaccompanied by a guardian have been passed with special reference to the construction, conduct and operation of such places. In attempting to exercise some form of supervision and control over the rapidly increasing business, the officials of New York City have therefore been obliged, with the aid of the courts, to apply laws and ordinances which were enacted long before motion pictures came into existence. The result is that neither the picture proprietors nor the officials of the various departments that are called upon to deal with the situation have any exact understanding of their rights, duties and obligations in the premises. In the absence of a definite law on the subject, not only are rules made arbitrarily to fit specific cases, but several of the city departments appear to have co-ordinate jurisdiction, with the inevitable result that when a particular duty devolves upon more than one department, there is little or no attempt to carry it out.
That the situation may be fully understood, a detailed explanation of the present methods of control is perhaps necessary.
Motion picture shows in New York City are required to operate under a license. Licenses are of two kinds. Where the entertainment consists of motion pictures coupled with vaudeville acts, a theatre or concert license, issued by the Police Department, is required. (Section 1472, 1473 of the City Charter.) For this license, which is revocable only by the Supreme Court, a fee of $500 per annum is charged. Where the entertainment consists of motion pictures, songs and recitations not rendered on the stage, a so called common show license granted by the Mayor is necessary, (Section 307 of the Revised Ordinances.) For this license, which is revocable, for cause, at the discretion of the mayor, a charge of $25 per annum is made.
It will be seen therefore that the kind of license granted is determined not by the capacity of the hall nor by any other factor except the character of the performance. A fully equipped theatre could run moving pictures alone under a common show license.
No less than seven departments of the city government are charged with duties respecting moving picture shows:
(1) The Health Department must aid in the enforcement of the laws relating to the sanitary conditions in these places. (Sections 1169 and 1201 of the charter).
(2) The Police Department is obliged to enforce the laws relating to danger to life and health, and to the admission of children unaccompanied. (Section 1202 of the charter). It also issues the so-called concert licenses.
(3) The Fire Department is charged with the duty of keeping the passageways and aisles open and free from obstruction, and of supervising the installation of adequate fire preventives and appliances.
(4) The Bureau of Buildings has jurisdiction in the matter of the construction (of the premises in compliance with the ordinances. (Section 406 of the charter; sections 108 and 109 of the building code).
(5) The Department of Water Supply, Gas and Electricity is charged with the duty of supervising the electrical appliances in buildings used for public entertainment. It also issues licenses, after examination, to the operators of moving picture machines. (Section 524 of the charter).
(6) The Mayor's Bureau of Licenses, after due examination, issues licenses to such moving picture shows as do not come within the scope of section 1472 of the charter relative to theatres. These licenses may be revoked by the bureau at any time. (Section 307 of the Revised Ordinances).
(7) The Tenement House Department has jurisdiction in determining whether the proposed picture show is located in a tenement house, on the theory that the moving film is a combustible material. (Tenement House Act, Section 40).
Any one who wishes to open and operate an ordinary moving picture show must therefore deal with seven departments of the city government. The arrangement of his building must first be approved by the Building Department. As the building code makes no reference to moving picture shows, the general plan of the room is dependent largely upon the personal ideas of the superintendent or inspector. The fact that there are five bureaus of buildings in the city of New York, one in each borough, makes it possible for pronounced variations in the views of the different superintendents. In case the building department passes upon the plans, the prospective proprietor applies to the bureau of licenses for his permit. A thorough inspection of the promises is made and the license is granted or refused at the discretion of the chief of the bureau, who, in the absence of any definite ordinances, is called upon to exercise his own judgment in the approval or disapproval of the application. If he feels that the site of the proposed moving picture show is unfortunately chosen, he may refuse to issue the license. In fact, with the exception that his decision may not be capricious, he has unlimited discretion. As a matter of practice the present chief of the bureau, before issuing a license, secures the approval of the Fire Department, the Tenement House Department and the Department of Water Supply, Gas and Electricity, although these precautionary measures are not required by law. The Fire Department certifies that proper fire appliances have been installed; the Tenement House Department certifies that the building in which the show is to be located is not a tenement house; the Department of Water Supply, Gas and Electricity approves the electrical equipment installed in the picture show. In the absence of any uniform regulations as to the kind of fire appliances or electrical equipment to be installed, the officials who thus certify their approval to the Bureau of Licenses have to be guided by their own best judgment.
In case a license is granted, the moving picture show is visited periodically by the police and fire officials, by the inspectors of the Bureau of Licenses, and, theoretically, at least, by the representatives of the Health Department. Responsibility in the matter of adequate ventilation and general sanitation appears to rest jointly with the police and health officials. Both the Fire and Police Departments are apparently charged with duties in the matter of inadequate passageways and overcrowding. All these functions come also within the purview of the Bureau of Licenses, inasmuch as that bureau has power to revoke a license for cause shown.
Especial attention should be called to section 109 of the building code which has a vital bearing upon the development of the moving picture industry in New York. This section provides that any building intended for public entertainment, and erected for the accommodation of more than three hundred persons, shall be built to comply with certain specific requirements. These requirements are set forth in very minute fashion. They provide for open courts at the rear and side of the building of a varying width, with appropriate exits from each gallery. No portion of the building can be used as a hotel, boarding or lodging house, factory, workshop or manufactory. Interior walls, staircases, etc., built of fireproof materials, are required. Detailed provisions are inserted in regard to the construction of the stage and its equipment, the roof of the auditorium. the ceiling under each gallery, the actors' dressing rooms, the construction of windows and doors, the position of seats, aisles and stairways, the location of steam boilers used for heating and other purposes; the position of fire hose and other auxiliary fire appliances; the character of lights to be used, etc.
The effect of this provision is at once apparent. The number of houses which can afford to comply with these regulations is comparatively small, with the result that the vast majority of motion picture shows in the city are constructed with a seating capacity of under three hundred. The chief cause of the present condition of moving picture places, along sanitary lines at least, is undoubtedly due to the fact that as a result of this section of the building code the industry is practically confined to the so-called "store front" shows.
Most of the motion picture places in New York, therefore, operate under a common show license, which, as shown above, is determined by the character of the performance, and are constructed with a seating capacity of under three hundred as a result of section 109 of the building code. There are at the present time approximately 450 motion picture shows in Greater New York under a common show license, and 290 under a concert or theatrical license. Of the total number, approximately 600 are constructed with a seating capacity of under three hundred.
Our investigation of moving picture shows in this city confines itself practically to two points:
(1) The character of the pictures;
(2) The conditions surrounding their presentation.
The discussion of this first point may well be brief. As a result of the agitation against moving picture shows in 1909, several of the more progressive firms of film manufacturers secured the co-operation of the Peoples Institute in organizing a disinterested board of censorship to pass upon all motion pictures presented to the public in New York. This board, which is entirely a voluntary organization, composed of representatives from a large number of civic bodies, has assumed a national character, and at the present time it passes upon practically all films produced or imported into the United States.
As a result of this censorship the character of moving pictures has greatly improved in the last two years. It can now safely be said that there are no obscene pictures publicly exhibited in New York. Occasionally an indecent film, unauthorized by the Board of Censorship, is surreptitiously introduced by a manufacturer. Such a film is, however, immediately run down and eliminated.
It is not claimed, of course, that the pictures exhibited in New York are of the highest class. The members of the Board of Censorship are necessarily influenced by the practical necessities of the moving picture art which call for a policy of steady but gradual improvement rather than uncompromising severity. Many pictures exhibited today may be classified as silly. Others, in the course of unrolling a dramatic theme depict the commission of some crime. It is against this latter class that criticism is frequently directed. Pictures of this sort are approved by the Board of Censorship on the theory that the motion picture is a form of dramatic art and, together with the theatre, must be allowed a certain liberty in depicting moral problems. The Board of Censorship, however, condemns any sensational representation of crime, or "crime for crime's sake." Some crimes, needless to say, are always debarred, as for instance, pictures of arson, poisoning, etc., together with certain socially forbidden themes.
The attitude of the Board of Censorship toward motion picture shows in general is illustrated by the following paragraph from one of its circulars:
Conditions Surrounding the Operation of Moving Picture Shows:
As already stated, we were able to come into touch, directly and indirectly, with nearly every motion picture show in the city. A special study was made of fifty shows selected at random in Manhattan, Brooklyn and The Bronx, thirty-two of which operate under a common show license, and eighteen under a concert license. Generally speaking, the conditions found to exist are such as attach to cheap and impermanent places of amusement, to wit: poor sanitation, dangerous overcrowding, and inadequate protection from fire or panic. Of the fifty places examined, thirty-six were crowded to the danger point; in twenty the ventilation was poor, and in seventeen positively bad; In thirty-one, children under the age of sixteen were admitted unaccompanied by a parent or guardian. The lack of definite uniform standards of fire requirements in regard to places of amusement of this class made it difficult to determine the extent to which these shows are inadequately protected. It is entirely possible that a comparative study of the conditions surrounding moving picture shows and other places of congregation, such as churches, department stores, manufactories, etc., would demonstrate that the latter are no more perfectly protected against fatalities from fire or panic than the former. Nevertheless, of the fifty moving picture shows which were the subject of our especial examination. it must be said that a portion of them at least, perhaps 15 or 20%, were such as might justly be called dangerous, due largely to faulty exits, improper construction, etc.
As stated above, the majority of the fifty places examined were found to be badly overcrowded, in some instances, indeed, with the aisles completely blocked by standing spectators, so that it was impossible for our inspectors to force their way into the hall. The ventilation in most of the places was wretched, no air being admitted except such as came through the front doors. In many places attendants went through the room with an atomizer spraying perfumery on the crowd to allay the odor. Moreover, it appears to be a common practice in most of the shows to admit children under sixteen years of age unaccompanied by a guardian or parent in spite of the provisions of section 484 of the Penal Code. Indeed, one important official of the Moving Picture Exhibitors Association stated in his testimony before us that 75 per cent. of the moving picture shows of this city would be driven out of business if this law were strictly enforced.
The following comments of our inspectors appearing upon their reports are used to illustrate the conditions which were found to exist:
This is a vile smelling place, and an attendant went round with a big pump atomizer spraying perfumery to allay the odor.
Fulton Street, Brooklyn.
All seats filled and standing in the rear were 61 persons completely blocking the aisles. As a matter of fact, including the persons standing there were 373 people in attendance at the time of inspection and a panic or fire could not but have resulted disastrously.
Flatbush Avenue, Brooklyn.
All seats filled. Eighty-seven standing in the rear, five in the center aisle and seven in the westerly aisle. A fire or panic at time of inspection would have resulted disastrously.
Graham Avenue, Brooklyn.
All seats filled. Eighty-six standing in rear completely blocking aisle and front doors. A dangerous place in case of fire or panic.
Third Avenue, Manhattan.
All seats filled and seventeen standing in the rear; thirty-two children apparently unaccompanied by any guardian occupied the front rows.
Pitkin Avenue, Brooklyn.
All seats filled, and every available bit of standing room, including the aisles, crowded. In most cases, five, six and seven persons were occupying three seats between them, some sitting in laps of others. Children under sixteen were freely admitted, unaccompanied. No attempt was made to maintain order. Quarrels were frequent. An alarm of fire would have resulted in many fatalities. A detailed inspection impossible on account of crowd.
West 125th Street, Manhattan.
All seats filled; 46 persons standing in rear, 28 standing in easterly aisle and 22 in the westerly aisle. A fire or panic in this place would have resulted disastrously.
Pitkin Avenue, Brooklyn.
Seats full and about 250 standing in the rear and in the aisles. A critical inspection of this place was impossible. The crowd was surging back and forth, pushing and shoving for vantage points of view. Quarrels were frequent. The air was fetid and stifling. Children under sixteen years were admitted unaccompanied. This place is without one single redeeming feature.
Our study of moving picture shows convinces us that their abuses are largely ascribable to three causes:
(1) The lack of definite laws and ordinances and uniform regulations in regard to the moving picture business.
(2) The lack of centrifugal control by the municipal authorities,
(3) The presence in the building code of a section which virtually restricts the moving picture business to small "storefront" shows.
The first two points have been dwelt upon at length in the early part of this report. Our laws have not kept pace with the development of the picture shows, and the city departments have grappled with a new situation with no definite understanding of their duties, and no intelligent co-operation.
It would appear, therefore, that new ordinances are urgently needed to establish the status of the moving picture show in this community. Such ordinances, we believe, should exactly define a motion picture show and the steps necessary to obtain a license, so that uniform regulation may be secured. It would further seem advisable to centralize the supervision of such places of amusement in one department as for instance a department of licenses, or a distinct bureau of the department of licenses, thus eliminating the scattering method of control which now obtains. This department or bureau, while free to secure the expert services of other departments, as, for example, the fire and building departments, would nevertheless be primarily responsible for the condition of moving picture shows. A change of this kind could, of course, be brought about only by a revision of the charter.
Other than the outline above given, we do not attempt in this report to suggest any definite legislation. We are informed that a resolution is now before the Board of Aldermen requesting the mayor to appoint a committee to co-operate with the board in drafting the necessary ordinances for the control of motion picture shows. We believe that such a committee, representing both the moving picture interests and the various organizations that have studied the problem, should be appointed. In addition to its work of co-operating with the Board of Aldermen, this committee could be empowered to present suggestions for charter revision along the line of a centralized control of all places of amusement.
In case such a committee is appointed, we would desire to submit for its consideration, and the consideration of the Board of Aldermen, the advisability of amending section 109 of the building code. The effect of this section, as was explained in the early part of the report, is to restrict the moving picture industry to small shows seating less than three hundred. Inadequate sanitation, overcrowding, and general cheap character of the performance are logical consequences. A proprietor must comply with the rigid requirements of section 109 in regard to the construction of a regular theatre, or must be content with the returns of a small show. If it were possible under the building code for the proprietor to exhibit his pictures in a hall seating perhaps six hundred persons, it is very probable, as has been the case in other cities, that the cheaper and less desirable shows would be eliminated through competition.
The objection to such a change is based upon the idea that moving picture shows seating over three hundred people should be constructed with the same regard for public safety as obtains in the case of regular theatres. It must not be forgotten, however, that the average picture show has no stage, maintains no scenery, and is rarely constructed with balconies. While no one would contend that it should not be forced to adopt all reasonable precautions against fire and panic, at the same time there would seem to be a clear distinction between a theatre and a moving picture show of equal capacity. In the city of Boston, public places of amusement are divided into first and second class construction, the first class approximating section 109 of our building code in regard to theatres, and the second class, with less rigid requirements, confined to halls seating from 400 to 800. In this latter class are found most of Boston's moving picture shows.
We venture to suggest this matter at this time because from our examination we are convinced that most of the abuses in New York's motion picture industry are directly ascribable to the small, cramped shows which have developed as the result of this shortsighted section of the building code.
As indicated above, we believe that a committee should be appointed to co-operate with the Board of Aldermen in drafting ordinances for the adequate regulation of motion picture shows. Pending such action, certain measures appear to be immediately necessary, and we beg leave to make the following suggestions:
(1) That a committed of fire officials be instructed to make a careful examination of all moving picture shows in the city, and that the licenses of such places considered unsafe be revoked.
(2) That the Police Department be instructed rigorously to enforce the law in regard to overcrowding.
(3) That action be taken either to enforce section 484 of the Penal
Code, relative to the admission of children under sixteen years of age,
or to secure its repeal by the legislature.
"Report on Motion Picture Theatres of Greater New York," The Film Index, pages 1, 2, 3.
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