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

Honey Play Box to Debut 'Fortexa' Finger-Flapping Vibrator at XBIZ Expo

Honey Play Box will introduce its new Fortexa dual-action, finger-flapping vibrator at the XBIZ Expo next month.

Pipedream Products to Sponsor Networking Happy Hour at XBIZ Expo

Premier pleasure brand Pipedream Products will sponsor an evening networking happy hour during XBIZ Expo.

2025 XBIZ Expo Schedule Announced

The full schedule for XBIZ Expo, set to take place Jan. 16-19, has been released, detailing the slew of business-to-business activities slated for the premier pleasure product trade show, exclusively open to manufacturers, retail buyers, educators, reviewers, influencers, press, and other industry professionals.

Lovense Debuts 'Osci 3' Rabbit Vibrator

Lovense has introduced the new remote-controlled Osci 3 rabbit vibrator.

Blush to Sponsor Networking Happy Hour at XBIZ Expo

Pleasure brand Blush will sponsor a happy hour at the upcoming XBIZ Expo, reinforcing the event’s focus on building connections and fostering collaboration.

Passionate Playground, Thunderpussy Collab on Custom 'Joyboxx'

Passionate Playground and Seattle-based female rock band Thunderpussy have collaborated on a branded custom Joyboxx.

Honey Play Box Debuts 'Gem' Vibrator

Honey Play Box has introduced its new Gem vibrator.

DV8 Dare Marks Its 10th Anniversary

The Deviate Network is celebrating the 10-year anniversary of its DV8 Dare line of pleasure products.

BasisDx Adds Subscription Option for 'Pro13' Home Testing Kit

PASS-certified home testing kit provider BasisDx has added a subscription model option for its Pro13 kit.

Melanie Rose to Host 2025 XBIZ Honors

Melanie Rose, host of the popular Netflix show “How to Build a Sex Room,” will MC the retail edition of the 2025 XBIZ Honors, set to take place Jan. 18 at the iconic Roosevelt Hotel in Hollywood.

Show More