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 © 2026 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

Besharam CEO Raj Armani Featured in Cosmopolitan Inda Magazine Brand Showcase

Raj Armani, co-founder and CEO of Indian pleasure brand Besharam, was recently featured in a full-page brand showcase advertorial in Cosmopolitan India Magazine.

Aneros Rolls Out Media Platform for Retailers, Industry Partners

Aneros has launched its new Aneros Media Website, a digital platform to centralize the company's educational resources, product training, point-of-sale materials, and marketing assets for its retailers, distributors, and industry partners.

Liberator Debuts 3 Curated 'Kinkmas Box' Holiday Pleasure Product Bundles

Lifestyle pleasure brand Liberator has introduced Kinkmas Boxes, three curated holiday product bundles for couples.

Paradise to Introduce 3 New Additions to 'Illumination' Line at Sex Expo in January

Paradise Pleasure Products will debut three new additions to its LED-enhanced Illumination collection at Sex Expo, taking place Jan. 7-10 in L.A.

Brent Aldon, Erik Vasquez to Return as Hosts of 2027 XBIZ Awards, Pleasure and Retail Edition

Aneros Director of Sales and Marketing Brent Aldon and Sliquid VP of Marketing Erik Vasquez will once again bring their signature showmanship to the stage as co-hosts of the 2027 XBIZ Awards, on Jan. 9 at Avalon Hollywood.

b-Vibe Anal Academy Adds Clinician-Reviewed Training Guides

COTR has released a new set of clinician-reviewed educational guides through its b-Vibe Anal Academy platform.

East Coast News Taps Paul Reutershan for Business Development Manager

Paul Reutershan has joined East Coast News (ECN) as its new business development manager, returning to the company where he began his career in 2002.

Beisar Debuts 'Pixel' Anal Vibe

Beisar has introduced its Pixel three-function anal vibrator.

Xgen Expands Bodywand Line With 2 New Vibes

Xgen Products has added two new bullet vibrators to its Bodywand collection.

Womanizer Introduces 'Snap' Micro Stimulator

Womanizer has debuted its new Snap stimulator, billed as the smallest pleasure product the company has released.

Show More