CHAPTER 321

AN ACT to amend and reenact § 40-109, as amended, of the Code of Vir-
ginia, relating to prohibited employment of certain minors, so as to
permit, in connection with general or school work training types of
employment certificates, employment of girls sixteen and over in
restaurants and hotel food service departments under certain cir-
cumstances.

[S 81]

Approved March 13, 1958

Be it enacted by the General Assembly of Virginia:

1. That § 40-109, as amended, of the Code of Virginia, be amended and
reenacted as follows:

§ 40-109. No child under eighteen years of age shall:

(1) Be employed, permitted or suffered to work in any mine, tunnel,
underground scaffolding work or handling explosives;

(2) Operate or assist in operating any dangerous machinery or pas-
senger or freight elevator;

(3) Oil or assist in oiling, wiping and cleaning any such machinery ;

(4) Be employed in any capacity in preparing any composition in
which dangerous or poisonous chemicals are used; or

(5) Be employed in any capacity in the manufacturing of paints,
colors or white lead, or in any place where goods of alcoholic content are
manufactured, bottled, or sold for consumption on the premises, except in
places where the sale of alcoholic beverages is merely incidental to the
main business actually conducted.

No boy under sixteen and no girl under eighteen years of age shall be
employed, permitted or suffered to work in any scaffolding or
construction work, or brick or lumber yard, or in any theatre, concert
hall, cabaret, carnival, floor show, pool hall, bowling alley or place of
amusement, or in any hotel or road house, or in curb service, * or in any
dry cleaning establishment, laundry, or restaurant as defined in § 35-25;
provided, however, that for the purposes of this section, the definition of
restaurant shall be deemed not to include schools and colleges; and provided
further, that boys fourteen and over may be employed in restaurants, and
girls sixteen and over may be employed for a period not exceeding four
months in a calendar year in restaurants operated in conjunction with a
hotel subject to regulation by the State Board of Health under Title 35 of
the Code, which is operated on a seasonal basis, and girls sixteen and over
who qualify for general or school work training types of employment certif-
icate for employment in restaurants may be employed in restaurants and
in hotel food service departments, but no such minor may be employed in
hotel room services. The provisions of this section shall not apply to
children employed by dry cleaning or laundry establishments where such
children are engaged in purely office work, or where they are employed
in branch stores where no processing is done, or employed by concession-
naires operating on beaches wholly within the corporate limits of cities
where the duties and work of such children pertain to the handling and
distribution of beach chairs, umbrellas, floats and other similar or related
beach equipment; nor shall such provisions apply to girls sixteen years or
more of age employed in the lighted lobby or offices, but not as ushers, in
a Mice picture theatre, but this exception shall not apply to outdoor
theatres.