N.Y. Arts and Cultural Affairs Law § 37.07: Performing artists; ads for availability of employment

§ 37.07. Performing artists; ads for availability of employment. 1.

It shall be unlawful for any person, firm, corporation, association, or

agent or employee thereof, holding itself out to the public by any

designation indicating a connection with show business including, but

not limited to, talent agent, talent scout, personal manager, artist

manager, impresario, casting director, public relations advisor or

consultant, promotion advisor or consultant, to

(a) Make, publish, disseminate, circulate or place before the public

or cause directly or indirectly to be made, published, disseminated,

circulated or placed before the public in this state an advertisement,

solicitation, announcement, notice or statement which represents that

such person, firm, corporation or association has employment available

or is able to secure any employment in the field of show business,

including, but not limited to, theatre, motion pictures, radio,

television, phonograph records, commercials, opera, concerts, dance,

modeling or any other entertainments, exhibitions or performances when

an advance fee of any nature is a condition to such employment; or

(b) Accept from a member of the public any fee, retainer, salary,

advance payment or other compensation of any nature in return for

services or otherwise, other than (i) repayment for advances or expenses

actually incurred for or on behalf of such member of the public, or (ii)

agreed commissions, royalties or similar compensation based upon

payments received by or on behalf of such member of the public as a

result of his employment in the field of show business.

2. Whenever there shall be a violation of this section, an application

may be made by the attorney general in the name of the people of the

state of New York to a court or justice having jurisdiction to issue an

injunction, and upon notice to the defendant of not less than five days,

to enjoin and restrain the continuance of such violations; and if it

shall appear to the satisfaction of the court or justice that the

defendant has, in fact, violated this section, an injunction may be

issued by such court or justice, enjoining and restraining any further

violation, without requiring proof that any person has, in fact, been

injured or damaged thereby. In any such proceeding, the court may make

allowances to the attorney general as provided in paragraph six of

subdivision (a) of section eighty-three hundred three of the civil

practice law and rules, and direct restitution. In connection with any

such proposed application, the attorney general is authorized to take

proof and make a determination of the relevant facts and to issue

subpoenas in accordance with the civil practice law and rules.