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.

Related:  

Copyright © 2025 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

Blush Debuts 'Dream Crush' Vibe

Blush has introduced the Dream Crush mini-vibrator from its Play With Me collection.

Vush, Kayla Jade Collab for Pleasure Product Collection

Sexual wellness brand Vush and performer Kayla Jade have partnered for a limited-edition line of pleasure products.

XBIZ Expo Debuts New '3D' Hybrid Show Format, Set for Jan. 8-12

XBIZ Expo, the premier business-to-business event exclusively for product manufacturers, retail buyers and the broader pleasure community, will return this January with a new hybrid format designed to give qualifying participants more ways to conduct business.

Doja Cat Gives Nod to Motorbunny

Doja Cat has given a nod to Motorbunny in a social media post.

Full Circle Debuts 'My Buddy' Anal Vibe Collection

Full Circle has introduced its new My Buddy collection of anal vibrators.

Lovense 'Gemini' Spotlighted on Wired.com

Lovense’s Gemini nipple clamps have been spotlighted on Wired.com.

Rocks Off Debuts 2 Rechargeable Bullet Vibes

Rocks Off has introduced two new rechargeable bullet vibrators.

Little Leaf Agency Expands to Spanish Market, Names Danni Llapart New PR Executive

Little Leaf Agency has expanded its territory to include the Spanish market and named Danni Llapart as its Barcelona-based PR executive.

ToyChats Taps Cam Jennings for Director of Business Development

Pleasure product review website ToyChats has hired industry veteran Cam Jennings as its new director of business development.

Onahole Debuts New 'Warm Mouth of a Swimsuit Girl' Stroker

Pleasure brand Onahole has introduced its new Warm Mouth of a Swimsuit Girl stroker.

Show More