39-4-112. Persons employed about public amusements. (1) A period of not to exceed 8 hours constitutes a day's work and a period of not to exceed 48 hours constitutes a week's work for persons employed or working in or participating in and about any carnival, circus, derby show, walkathon, marathon dance, marathon race, marathon walk, or other endurance contest by whatever name it may be called within the state. The hours of work must be so arranged that persons employed in or participating or contesting in an exhibition, show, or contest may not be on duty more than 8 hours in the aggregate of any 12 consecutive hours. The persons must have at least 12 consecutive hours off duty.

(2) The provisions of this section do not apply to a traveling circus or carnival that does not remain in any one county of the state for a period of more than 3 days and does not apply to a person working more than 8 hours in each 12 hours for the purpose of relieving another employee in case of sickness or when a breakdown in machinery occurs or when life or property is in imminent danger.

(3) A person, corporation, agent, manager, employer, employee, contestant, or participant who violates the provisions of this section shall be guilty of a misdemeanor and upon conviction shall be punished for the first offense by a fine of not less than $50. For a second offense, the person or entity shall be punished by a fine of not less than $100 or more than $500 or by imprisonment in the county jail for not less than 90 days or more than 6 months, or both. For a third or subsequent offense, the person or entity shall be punished by a fine of $500 and by imprisonment in the county jail for a term of 6 months. Each day's violation of this section constitutes a separate offense within the meaning of this section.

History: (1), (2)En. Sec. 1, Ch. 21, L. 1941; Sec. 41-1133, R.C.M. 1947; (3)En. Sec. 2, Ch. 21, L. 1941; Sec. 41-1134, R.C.M. 1947; R.C.M. 1947, 41-1133, 41-1134; amd. Sec. 1507, Ch. 56, L. 2009.