2012 New York Consolidated Laws
ACA - Arts and Cultural Affairs
Title M - THEATRICAL EMPLOYMENT CONTRACTS; SAFETY PRECAUTIONS FOR CERTAIN PERFORMERS; PERFORMING ARTISTS
Article 37 - (37.01 - 37.11) THEATRICAL EMPLOYMENT CONTRACTS; SAFETY PRECAUTIONS FOR CERTAIN PERFORMERS
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.