The state or municipal government may re quire the granting of a license for a theatre and the payment of a license fee ; Boston v. Schaffer, 9 Pick. (Mass.) 415 ; and the license need not be formally in writing, but may be by parol ; id; but a mere statement that the authorities would not grant a license, but would not object to the entertainment so long as it was proper, is not a license ; Simp son v. Wood, 105 Mass. 263. A gratuitous or amateur exhibition need not be licensed ; State V. Lundie, 47 La. Ann. 1596, 18 South. 636; Oellers v. Horn, 3 Pa. Super. Ct. 537; contra, Corn. v. Colton, 8 Gray (Mass.) 488 ; Shelly v. Bethell, 12 Q. B. 11.
A municipality may designate policemen and firemen for service at theatres, who shall be paid therefor by the managers of the theatre ; Tannenbaum v. Rehm, 152 Ala. 494, 44 South. 532, 11 L. R. A. (N. S.) 700, 126 Am. St. Rep. 52; and a city ordinance may com pel proprietors of theatres to require ladies to remove their hats at performances ; Old know v. Atlanta, 9 Ga. App. 594, 71 S. E.
1015. A statute was held a valid exercise of the police power which makes it unlaw ful to exclude from places of amusement per sons presenting, tickets who are of age, not being under the influence of liquor, bolster ous, or of lewd or immoral character ; Green berg v. Turf Ass'n, 140 Cal. 357, 73 Pac. 1050. Exemplary damages cannot be recov ered for ejection without force or insult, where the tickets handed out from the box office proved to be, by mistake, for the pre vious evening; MacGowan v. Duff, 14 Daly (N. Y.) 315 ; but compensatory or conse quential damages are allowed for the in dignity and disgrace of expulsion from a dance hall of a ticket holder ; Smith v. Leo, 92 Hun, 242, 36 N. Y. Supp. 949; or of a man and wife from a theatre ou account of their color ; Drew v. Peer, 93 Pa. 234; and additional punitive damages are not preclud ed under a statute allowing the recovery of actual damages and $1000 in addition ; Greenberg v. Turf Ass'n, supra.