§ 37.07. Performing artists; ads for availability of employment. 1.\nIt shall be unlawful for any person, firm, corporation, association, or\nagent or employee thereof, holding itself out to the public by any\ndesignation indicating a connection with show business including, but\nnot limited to, talent agent, talent scout, personal manager, artist\nmanager, impresario, casting director, public relations advisor or\nconsultant, promotion advisor or consultant, to\n (a) Make, publish, disseminate, circulate or place before the public\nor cause directly or indirectly to be made, published, disseminated,\ncirculated or placed before the public in this state an advertisement,\nsolicitation, announcement, notice or statement which represents that\nsuch person, firm, corporation or association
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§ 37.07. Performing artists; ads for availability of employment. 1.\nIt shall be unlawful for any person, firm, corporation, association, or\nagent or employee thereof, holding itself out to the public by any\ndesignation indicating a connection with show business including, but\nnot limited to, talent agent, talent scout, personal manager, artist\nmanager, impresario, casting director, public relations advisor or\nconsultant, promotion advisor or consultant, to\n (a) Make, publish, disseminate, circulate or place before the public\nor cause directly or indirectly to be made, published, disseminated,\ncirculated or placed before the public in this state an advertisement,\nsolicitation, announcement, notice or statement which represents that\nsuch person, firm, corporation or association has employment available\nor is able to secure any employment in the field of show business,\nincluding, but not limited to, theatre, motion pictures, radio,\ntelevision, phonograph records, commercials, opera, concerts, dance,\nmodeling or any other entertainments, exhibitions or performances when\nan advance fee of any nature is a condition to such employment; or\n (b) Accept from a member of the public any fee, retainer, salary,\nadvance payment or other compensation of any nature in return for\nservices or otherwise, other than (i) repayment for advances or expenses\nactually incurred for or on behalf of such member of the public, or (ii)\nagreed commissions, royalties or similar compensation based upon\npayments received by or on behalf of such member of the public as a\nresult of his employment in the field of show business.\n 2. Whenever there shall be a violation of this section, an application\nmay be made by the attorney general in the name of the people of the\nstate of New York to a court or justice having jurisdiction to issue an\ninjunction, and upon notice to the defendant of not less than five days,\nto enjoin and restrain the continuance of such violations; and if it\nshall appear to the satisfaction of the court or justice that the\ndefendant has, in fact, violated this section, an injunction may be\nissued by such court or justice, enjoining and restraining any further\nviolation, without requiring proof that any person has, in fact, been\ninjured or damaged thereby. In any such proceeding, the court may make\nallowances to the attorney general as provided in paragraph six of\nsubdivision (a) of section eighty-three hundred three of the civil\npractice law and rules, and direct restitution. In connection with any\nsuch proposed application, the attorney general is authorized to take\nproof and make a determination of the relevant facts and to issue\nsubpoenas in accordance with the civil practice law and rules.\n