1999 Minnesota Statutes

CHAPTER 184A. Entertainment agencies

     184A.01 Definitions. 

    Subdivision 1.    Terms defined.  For the purposes of 
 sections 184A.02 to 184A.20 and unless the language or context 
 clearly indicates that a different meaning is intended, the 
 following words, terms, and phrases have the meanings given them 
 in this section.  

    Subd. 2.    Artist.  "Artist" refers to musical artists, 
 musical organizations, musical directors, composers, lyricists, 
 and arrangers.  

    Subd. 3.    Department.  "Department" means the 
 department of labor and industry.  

    Subd. 4.    Engagement.  "Engagement" means an 
 engagement or employment of a person as a musician or musical 
 artist.  

    Subd. 5.    Entertainment agency.  "Entertainment agency"
 means a person or persons who engage in the occupation of 
 procuring, offering, promising, or attempting to procure 
 employment or engagements under written contract for three or 
 more artists or groups of artists at any one time, or who have a 
 written contract or continuing verbal agreement with an 
 establishment or an individual to provide artists or groups of 
 artists for one or more engagements.  Entertainment agencies 
 may, in addition, counsel or direct artists in the development 
 of their professional careers.  

    Subd. 6.    Fee.  "Fee" means money or other valuable 
 consideration paid or promised to be paid for services rendered 
 or to be rendered by a person conducting the business of an 
 entertainment agency under sections 184A.01 to 184A.20.  

    Subd. 7.    License.  "License" means a license issued 
 by the department of labor and industry to carry on the business 
 of an entertainment agency under sections 184A.01 to 184A.20.  

    Subd. 8.    Licensee.  "Licensee" means an entertainment 
 agency which holds a valid, unrevoked, and unforfeited license 
 under sections 184A.01 to 184A.20.  

    Subd. 9.    Person.  "Person" includes an individual, 
 firm, corporation, partnership, or association.  

    HIST: 1984 c 587 s 1 

     184A.02 License requirement. 

    No person shall engage in or carry on the occupation of an 
 entertainment agency without procuring a license from the 
 department of labor and industry for each agency location.  This 
 license shall be posted in a conspicuous place in the office of 
 the licensee.  

    HIST: 1984 c 587 s 2 

     184A.03 Existing agencies. 

    Entertainment agents who are actually engaged in or acting 
 as entertainment agents or counselors and members, shareholders, 
 officers, and directors of a firm, partnership, association, or 
 corporation actively engaged in the business of an entertainment 
 agency on August 1, 1984 shall be deemed to comply with its 
 provisions provided they shall obtain a license as provided by 
 sections 184A.04 to 184A.10 within a period of six months from 
 August 1, 1984.  

    HIST: 1984 c 587 s 3 

     184A.04 License applications. 

    Subdivision 1.    Contents.  Applicants for an 
 entertainment agent's license or renewal shall file with the 
 department a written application in a form prescribed by the 
 department stating:  

    (a) the name and address of the applicant; 

    (b) the street and number of the building or place where 
 the business of the entertainment agency is to be conducted; 

    (c) the name of the person who is to have the general 
 management of the office; 

    (d) the name under which the business of the office is to 
 be carried on; 

    (e) whether or not the applicant has a financial interest 
 in another business of a similar nature and, if so, where; 

    (f) the business or occupation of the applicant for at 
 least two years immediately preceding the date of application; 

    (g) if the applicant is other than a corporation, the names 
 and addresses of all persons, except bona fide employees on 
 stated salaries, financially interested, either as partners, 
 associates, or profit sharers, in the operation of the 
 entertainment agency in question, together with the amount of 
 their respective interests; and 

    (h) if the applicant is a corporation, the corporate name, 
 the names, residential addresses, and telephone numbers of 
 officers of the corporation, and the names and addresses of 
 persons having a financial interest of ten percent or more in 
 the business, and the percentage of financial interest owned by 
 these persons.  

    Subd. 2.    Signatures.  The application shall be signed 
 and sworn to before a notary public by the applicant or, if a 
 partnership, by all of the partners or, if a corporation, by the 
 president and secretary.  

    Subd. 3.    Affidavits.  The application must be 
 accompanied by affidavits of at least two reputable persons, 
 neither of whom is related to the applicant.  

    HIST: 1984 c 587 s 4 

     184A.05 Fee schedules. 

    Applicants for a license to engage in the business of an 
 entertainment agent shall, at the time of making application, 
 file with the department a schedule of fees to be charged and 
 collected in the conduct of this occupation, together with rules 
 and regulations that may affect the fees charged or to be 
 charged for service.  Changes in the schedule may be made from 
 time to time, but no change shall become effective until seven 
 days after the date of its filing with the department.  It shall 
 be unlawful for an entertainment agency to charge, demand, 
 collect, or receive a greater compensation for service performed 
 than is specified in the schedule filed with the department.  

    HIST: 1984 c 587 s 5 

     184A.06 Contract form. 

    Subdivision 1.    Department approval.  Entertainment 
 agencies shall submit to the department a form or forms of 
 contract to be utilized in entering into written contracts with 
 artists for the employment of the services of the entertainment 
 agency by the artists and the contract to be utilized for 
 employment engagements secured by the agency for the artist. 
 Approval by the department of the proposed contract form shall 
 not be withheld unless the contract is unfair, unjust, or 
 oppressive to the artist.  

    Subd. 2.    Arbitration.  Contract forms shall contain a 
 provision setting forth a procedure for resolution of disputes 
 before an arbitrator mutually agreed upon by the parties.  The 
 arbitrator's decision shall be final and binding upon the 
 parties.  

    Subd. 3.    Notification of license.  There shall be 
 printed on the face of the contract in prominent type the 
 following:  "This entertainment agency is licensed by the 
 department of labor and industry of the state of Minnesota."  

    HIST: 1984 c 587 s 6 

     184A.07 Investigation. 

    Upon receipt of an application for a license, the 
 department may cause an investigation to be made as to the 
 character and responsibility of the applicant, and of the 
 premises designated in the application as the place in which it 
 is proposed to conduct the business of the entertainment agency. 

    HIST: 1984 c 587 s 7 

     184A.08 Term of license; expiration. 

    The license when first issued shall run to the next 
 birthday of the applicant.  The license shall then be renewed 
 within the 30 days preceding the licensee's birthday and shall 
 run from birthday to birthday.  In case the applicant is a 
 partnership, the license shall be renewed within the 30 days 
 preceding the birthday of the oldest partner.  If the applicant 
 is a corporation, the license shall be renewed within the 30 
 days preceding the anniversary of the date the corporation was 
 lawfully formed.  Renewal shall require the filing of an 
 application for renewal, a renewal bond, and the payment of the 
 annual license fee, but the department may require that a new 
 application or a new bond be submitted.  

    HIST: 1984 c 587 s 8 

     184A.09 License fees. 

    Before a license shall be granted to an applicant, the 
 applicant shall pay a filing fee of $25 and a license fee of 
 $250.  

    An application for consent to transfer or assign a license 
 shall be accompanied by a $25 filing fee. 

    HIST: 1984 c 587 s 9; 1991 c 233 s 86 

     184A.10 Bonds. 

    Applications for an entertainment agency license shall be 
 accompanied by a bond in the penal sum of $10,000 with one or 
 more sureties or a duly authorized surety company to be approved 
 by the department and filed in the office of the secretary of 
 state, conditioned that the entertainment agency and each 
 member, shareholder, director, or officer of a firm, 
 partnership, corporation, or association operating as an 
 entertainment agency will conform to and not violate sections 
 184A.02 to 184A.19 or violate the covenants of a contract made 
 by an entertainment agent in the conduct of business.  Action on 
 this bond may be brought by, and prosecuted in the name of, a 
 person damaged by a breach of a condition of the bond.  
 Successive actions may be maintained.  

    The secretary of state shall be paid a filing fee of $5 per 
 bond in addition to the fees outlined in section 184A.09.  

    HIST: 1984 c 587 s 10 

     184A.11 Transfer. 

    No licensee shall sell, transfer, or give away an interest 
 in, or the right to participate in the profits of, the 
 entertainment agency without the written consent of the 
 department.  Consent may be withheld for any reason for which an 
 original application for a license might have been rejected if 
 the person in question had been mentioned in it.  

    HIST: 1984 c 587 s 11 

     184A.12 Issuance; refusal; revocation; suspension. 

    The department shall issue a license as an entertainment 
 agent, to a person who qualifies for the license under the terms 
 of sections 184A.04 to 184A.10.  The department may refuse to 
 issue an entertainment agency license when, after due 
 investigation, the department finds that the applicant is of 
 unfit character to be an entertainment agent, or when the 
 premises for conducting the business of an entertainment agent 
 is found upon investigation to be unfit for this use.  No agency 
 license shall be issued to a person, firm, corporation, or 
 association that has, within the past three years, been 
 convicted of fraud or felony.  No license shall be issued to an 
 attorney whose license to practice law has been suspended or 
 revoked, for a period of three years after the date of the 
 suspension or revocation.  The department may refuse to issue a 
 license to a person or may suspend or revoke the license of a 
 entertainment agent when it finds that any of the following 
 conditions exist:  

    (a) the entertainment agent has violated a condition of the 
 bond required by section 184A.10; 

    (b) the person or entertainment agent has personally 
 engaged in a fraudulent, deceptive, or dishonest practice; 

    (c) the person or entertainment agent has violated any 
 provisions of sections 184A.02 to 184A.19; or 

    (d) the person or entertainment agent has been legally 
 adjudicated incompetent and has not been restored to capacity.  

    This section shall not be construed to relieve a person 
 from civil liability or from criminal prosecution under the laws 
 of this state.  A violation of this section shall be treated as 
 a violation of section 325F.69.  

    HIST: 1984 c 587 s 12; 1986 c 444 

     184A.13 Procedure for suspension or revocation. 

    Subdivision 1.    Incompetency.  Upon an adjudication of 
 incompetency, revocation shall be automatic and shall be 
 permanent except that in the event of restoration to capacity a 
 license may be reissued to such person on payment of all fees.  

    Subd. 2.    Other cases.  In all other cases the 
 department may not refuse to issue a license or suspend or 
 revoke a license unless it furnishes the person or entertainment 
 agent with a written statement of the charges and affords an 
 opportunity to be heard on the charges.  At least ten days' 
 written notice of the date and time of the hearing shall be 
 given.  The notice shall be sent by certified mail to the 
 address of the person as shown on the application for license or 
 it may be served in the manner in which a summons is served in 
 civil cases commenced in the district court.  

    Subd. 3.    Hearing.  At the hearing, the person or 
 entertainment agent whose license application or continuance is 
 in question shall have the right to appear personally and be 
 represented by counsel and to cross-examine witnesses and to 
 produce evidence and witnesses in defense of the charges, and 
 shall have the right to have witnesses subpoenaed, which 
 subpoena shall be issued by the commissioner.  

    HIST: 1984 c 587 s 13; 1986 c 444 

     184A.14 Appeal to district court. 

    If the department refuses to grant a license, or suspends 
 or revokes a license that has been granted, the applicant shall 
 have the right of appeal to the district court of the county of 
 the applicant's residence.  If the applicant is not a resident 
 of the state, the appeal may be to the district court for Ramsey 
 county.  The court shall advance cases on their calendars for 
 early disposition.  In counties having continuous sessions of 
 court, the cases shall be heard within 20 days after appeal is 
 perfected.  Appeal shall be perfected by the service of a 
 written notice of appeal upon the commissioner of labor and 
 industry within 60 days after notice to the applicant of the 
 department's action.  

    HIST: 1984 c 587 s 14; 1986 c 444 

     184A.15 Records. 

    Subdivision 1.    Department records.  The department 
 shall keep a record of its proceedings which shall be open to 
 the public for inspection at reasonable times, and a register of 
 applicants for licenses.  Records shall include the name and 
 address of the applicants, the date of application, place of 
 business, place of residence, whether the applicant was rejected 
 or a license granted, and the date the license was granted.  

    Subd. 2.    Entertainment agency records.  Entertainment 
 agencies shall keep records approved by the department in which 
 shall be entered:  

    (a) the name and address of each artist employing the 
 agency; 

    (b) the amount of fee received from the artist; 

    (c) the employment in which the artist is engaged at the 
 time of employing the agency, and the amount of the artist's 
 compensation in the employment, if any; and 

    (d) the employments subsequently secured by the artist 
 during the term of the contract between the artist and the 
 entertainment agency, and the amount of compensation received by 
 the artist.  

    HIST: 1984 c 587 s 15 

     184A.16 Powers and duties of the department. 

    It is the duty of the department to administer the 
 provisions of sections 184A.01 to 184A.20.  The department shall 
 have the power to compel the attendance of witnesses by the 
 issuance of subpoenas, to administer oaths, and to take 
 testimony and proofs concerning matters within its 
 jurisdiction.  The department shall affix an official seal to 
 certificates or licenses granted and shall make rules not 
 inconsistent with law needed to perform its duties.  

    HIST: 1984 c 587 s 16 

     184A.17 Supervisory and investigative authority. 

    The department shall have supervisory and investigative 
 authority over entertainment agents.  The department shall have 
 the right to examine only those records required to be kept by 
 sections 184A.01 to 184A.20.  

    HIST: 1984 c 587 s 17 

     184A.18 Agency conduct. 

    Subdivision 1.    Unlawful employment.  No entertainment 
 agent shall place or assist in placing a person in unlawful 
 employment.  

    Subd. 2.    Strike or lockout.  No entertainment agent 
 shall fail to state in an advertisement, proposal, or contract 
 for employment, that there is a strike or lockout at the place 
 of proposed employment if the agent has knowledge that this 
 condition exists.  

    Subd. 3.    Repayment.  In the event that an 
 entertainment agency shall collect from an artist a fee or 
 expenses for obtaining employment for the artist, and the artist 
 shall fail to procure the employment, or the artist shall fail 
 to be paid for the employment, the entertainment agency shall, 
 upon demand, repay to the artist the full amount of the fee and 
 expenses actually collected.  

    Subd. 4.    Actions.  Actions brought in any court 
 against a licensee may be brought in the name of the person 
 damaged upon the bond deposited with the state by the licensee, 
 and may be transferred and assigned as other claims for 
 damages.  The amount of damages claimed by plaintiff, and not 
 the penalty named in the bond, determines the jurisdiction of 
 the court in which the action is brought.  

    Subd. 5.    Service on departed licensee.  When a 
 licensee has departed from the state with intent to defraud 
 creditors or to avoid service of summons in an action brought 
 under sections 184A.01 to 184A.20, service shall be made upon 
 the surety as prescribed in the rules of civil procedure.  A 
 copy of the summons shall be mailed to the licensee at the last 
 known post office address of the licensee's residence and also 
 at the place where the business of the entertainment agency was 
 conducted as shown by the records of the department.  Service is 
 complete as to the licensee, after mailing, at the expiration of 
 the time prescribed by the rules of civil procedure for service 
 of summons in the particular court in which suit is brought.  

    HIST: 1984 c 587 s 18; 1986 c 444 

     184A.19 Arbitration pursuant to contract clause. 

    A provision in a contract providing for the decision by 
 arbitration of a controversy under the contract or as to its 
 existence, validity, construction, performance, nonperformance, 
 breach, operation, continuance, or termination, shall be valid 
 if the provision is contained in a contract between an 
 entertainment agency and a person for whom the agency under the 
 contract undertakes to endeavor to secure employment.  

    HIST: 1984 c 587 s 19 

     184A.20 Penalty. 

    A person, agent, or officer of an agent, who violates any 
 provision of sections 184A.01 to 184A.20 is guilty of a 
 misdemeanor, punishable by a fine of not less than $25 nor more 
 than $250 or imprisonment for a period of not more than 60 days, 
 or both.  

    A person, firm, or corporation who shall split, divide, or 
 share, directly or indirectly, a fee, charge, or compensation 
 received from an employee with an employer, or person in any way 
 connected with the business, shall be punished by a fine of not 
 less than $500, and not more than $3,000, or, on failure to pay 
 the fine, by imprisonment for a period not to exceed one year, 
 or both, at the discretion of the court. 

    HIST: 1984 c 587 s 20; 1984 c 628 art 3 s 11