Section 13(a)(9) of the Act as amended in 1966 exempts from the
minimum wage and overtime pay requirements ``any employee employed by an
establishment which is a motion picture theater.'' This exemption will
be applicable irrespective of the annual dollar volume of sales of such
establishment or of the enterprise of which it is a part. A motion
picture theater may also qualify as an exempt retail or service
establishment under section 13(a)(2) of the Act if the establishment
meets all requirements of the exemption, discussed above in
Secs. 779.337 to 779.341. The term ``motion picture theater'' as used in
section 13(a)(9) means a commercially operated theater primarily engaged
in the exhibition of motion pictures with or without vaudeville
presentations. It includes ``drive-in motion picture theaters'' commonly
known as ``open air'' or ``drive-in'' theaters, but does not include
such incidental exhibition of motion pictures as those offered to
passengers on aircraft. ``Legitimate theaters'' primarily engaged in
exhibiting stage productions are not ``motion picture theaters.''
