1562 LAWS OF MARYLAND Ch. 741
contractor or subcontractor who procures or attempts to procure employment or
engagements for circus, vaudeville, the variety field, the legitimate theater, motion
pictures, radio, television, phonograph records, transcriptions, opera, concert,
ballet, modelling or other entertainments or exhibitions or performances, but such
term does not include the business of managing such entertainments, exhibitions or
performances, or the artists or attractions constituting the same, where such
business only incidentally involves the seeking of employment therefor. 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 are not subject to
this subtitle. "Employment agency" shall not include any person conducting a
business which consists of employing individuals directly for the purpose of
furnishing part-time or temporary help to others.
(B) "EMPLOYMENT COUNSELOR" MEANS ANY PLACEMENT
MANAGER, PLACEMENT DIRECTOR, COUNSELOR, INTERVIEWER,
OR ANY OTHER PERSON EMPLOYED BY AN EMPLOYMENT AGENCY
WHO INTERVIEWS, COUNSELS, OR CONFERS WITH JOB
APPLICANTS, BUT THE TERM DOES NOT INCLUDE EMPLOYEES OF
AN EMPLOYMENT AGENCY WHO ARE PRIMARILY ENGAGED IN
CLERICAL OCCUPATIONS.
163.
(A) All licenses to open, operate or maintain en employment agency in this
State shall be annual licenses, and irrespective of the date of issue shall expire on
the first day of May next thereafter. No employment agency shall engage in
business in this State until (1) an annual license fee of $200.00 for a first agency
and an annual license fee of $100.00 for each additional agency to be operated in
this State is paid to the Commissioner of Labor and Industry by the person, firm
or corporation engaging in such business, and (2) shall also deposit with the said
Commissioner a bond in the penal sum of $5,000 for each agency to be operated in
this State signed by the applicant for the license as principal and by a surety
company authorized to do business in this State as surety, payable to the State of
Maryland as obligee and conditioned on the compliance of such applicant with the
provisions of this subtitle, and the payment by such applicant of all damages
occasioned to any person by reason of any misstatement, misrepresentation, fraud
or deceit forbidden by said subtitle of such applicant or his agents or employees.
Every applicant for a license shall file with the Commissioner of Labor and
Industry a completed application on a form prescribed and furnished by the
Commissioner. Such application shall be signed by the applicant and sworn to
before anyone qualified by law to administer oaths. If the applicant is a
corporation the application shall state the names and home addresses of all the
officers and directors of such corporation and shall be signed and sworn to by the
president, treasurer and secretary thereof. If the applicant is a partnership the
application shall state the names and home addresses of all partners therein and
shall be signed and sworn to by all of them. The applicant shall file at least three
letters of character reference from persons of reputed business or professional
integrity residing in the State of Maryland. Upon filing of an application for a
license as provided herein the Commissioner of Labor and Industry shall cause an
investigation to be made as to the character and financial standing of the applicant
and of the person who is to have the general management of the office and as to
the location of the office. The application shall be rejected if the Commissioner
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 good sufficient reason within the meaning
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