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

Atlanta Authorities Renew Attack on Adult Boutique Tokyo Valentino

The saga of beleaguered Georgia adult boutique Tokyo Valentino continues with a renewed attempt by authorities to shut down another of its locations.

MomPOV Producer Pleads Guilty in GirlsDoPorn Case

MomPOV producer Doug Wiederhold, who was formerly the partner of GirlsDoPorn owner Michael Pratt as well as the first male talent for GDP, pleaded guilty Thursday to a federal conspiracy charge.

Streamate Exec Liz Rek Joins FSC Board

The Free Speech Coalition board of directors has tapped Streamate executive Liz Rek as its newest member, effective immediately.

Lucom USA Partners With 'The Goat' Enhancement Strip

Lucom USA has teamed up with enhancement strip brand The Goat as master distribution partner and selling arm for its products.

Eye of Love Candles Featured at 'Patti Stanger: The Matchmaker' Launch Party

Eye of Love's pheromone candles were featured this week at the New York launch party for the CW reality show "Patti Stanger: The Matchmaker."

FSC Asks Supreme Court to Overturn 5th Circuit Decision, Strike Texas' Age Verification Law

Free Speech Coalition (FSC) filed a petition for certiorari on Friday asking the U.S. Supreme Court to overturn the Fifth Circuit panel decision that partially upheld Texas’ controversial age verification law.

Tonga Expands Dreamtoys Startroopers Collection

Tonga has added six anal stimulation toys to its space-themed Dreamtoys Startroopers collection.

LELO Surveys Top 10 Countries With the Best Sex Ed

LELO has revealed the results of its recent study ranking the 10 countries with the best sex education.

Details Emerge About Capture, Arrest of GirlsDoPorn's Michael Pratt

Further details have emerged in the past week about the capture and arrest of GirlsDoPorn owner Michael Pratt in Spain in December 2022, following his extradition to the U.S. last month.

Playharda Wholesale Appoints Beth Heron as Accounts Manager

Playharda Wholesale has appointed Beth Heron as its newest accounts manager.

Show More