Judge: Pole Dancing Is Art Qualifying for Sales Tax Exemption

LATHAM, N.Y. — Pole dancing is "no small feat" — and it's also art qualifying for a tax exemption.

That was the bottom line for an administrative law judge, who ruled in favor of Nite Moves, all-nude strip club in Latham, billed as “New York’s Premiere Adult Club in the Capital District.”

Judge Catherine M. Bennett, in a decision last month, determined that cover charges imposed by Nite Moves are not subject to state sales taxes because pole dancing qualifies for the "dramatic arts" sales tax exemption under a state tax law.

Bennett made the ruling after reviewing DVDs of exotic dancers and getting a tutorial from PoleJunkies.com. She also heard testimony from a University of Maryland dance scholar.

"The videos depicted dance routines that incorporated acrobatic pole maneuvers, splits and other patterned repetitions," Bennett ruled. "The pole maneuvers in particular are no small feat to accomplish, and attempting such a performance without the skill and a planned routine of steps could prove dangerous.

"The fact someone may believe that this entertainment is not appropriate for any audience is not the issue," she ruled. "The fact that the dancers remove all or part of their costume during the performances, that the dance routines are seductive in nature and titillation of a patron is the outcome, simply does not render such dance routines as something less than choreographed performances, or remove them from the exception to the general rule of Tax Law §1105(f)(1)."

Bennett cited the submissions by Nite Moves as demonstrating that the strippers were engaged in intricate, choreographed routines that elevated them into the realm of art.

Her decision relieves Nite Moves and its parent company of nearly $129,000 in liability for state sales taxes on cover charges and on the money dancers turned back to the club as its portion of the fees charged for private dances they performed for patrons between December 2002 and August 2005.

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Aylo Willing to Work With Australia's Online Censor on Device-Based AV Solutions

The office of Australia’s top online censor, unelected eSafety Commissioner Julie Inman Grant, released a new roadmap for implementing age verification according to the country’s Online Safety Act.

Spain's Technology Minister Unveils Soon-to-be-Mandatory Age Verification App

Spain’s anti-sex work and anti-porn Socialist Party (PSOE) government led by Prime Minister Pedro Sánchez unveiled a new age verification app that will become a mandatory step to access any adult content by anyone in the country starting in September.

Nexus Debuts Dilating Set

Nexus has released its new silicone Dilating Set.

Nalpac Releases 2024 Summer Catalog

Nalpac has released its 60-page 2024 summer catalog, featuring hundreds of products.

Xgen Debuts 2nd Volume of New Releases Catalog

Xgen Products has released the second volume of its 2024 New Releases catalog.

Orion Debuts Red Cotelli Set

Orion Wholesale is now distributing a red-colored set from its Cottelli line.

FSC Drops Opposition to California Age Verification Bill After Amendments

Free Speech Coalition (FSC) has dropped its formal opposition to California’s age verification bill AB 3080, after an amendment secured through months of discussions with the bill’s author was heard by the Senate Judiciary Committee.

SCOTUS Agrees to Hear Texas Age Verification Challenge

The United States Supreme Court granted on Tuesday the petition for a writ of certiorari in the Free Speech Coalition-led challenge to Texas’ age verification law, agreeing to hear the case in the next term.

Etsy Updates Policy to Ban Sale of Most Adult Pleasure Products, Content

Etsy will ban sales of most pleasure products and content that depicts sex acts and genitalia starting July 29.

Stripper, Adult Businesses Challenge Florida's Under-21 Ban for Adult Entertainment Workers

Strip clubs and other adult entertainment establishments in Florida are challenging the state’s law that prevents them from employing adults between the ages of 18 and 20.

Show More