§ 23.19. Unlawful retention of payments. Any producer, promoter, principal, employee, general manager, company manager or agent of a theatrical production company, as defined herein, who knowingly receives, directly or indirectly, from any supplier, advertising agency, publication, theatre owner, theatre treasurer, ticket agent, ticket broker, or other firm or person having dealings with, or applicable to, the theatrical production company, or from any employees or agents thereof, any cash, checks, rebates, commissions, gifts, gratuities or other payments or consideration for reason of the business operations, management, bidding, negotiation or other operation of such theatrical production company or arising out of the business of such theatrical production company, and who does not pay such amounts or consideration into such theatrical production company within a period of seventy-two hours thereafter, except where such retention is expressly permitted by the theatrical production company and where a written investor agreement signed by all investors represented that such retention would be permitted by the theatrical production company, shall be guilty of a misdemeanor, punishable by a fine of not more than five hundred dollars or imprisonment for not more than one year, or both.

Terms Used In N.Y. Arts and Cultural Affairs Law 23.19

  • person: shall mean an individual, firm, company, partnership, corporation, trust or association. See N.Y. Arts and Cultural Affairs Law 23.03
  • principal: shall mean and include every person or firm directly or indirectly controlling the business affairs or operations of a theatrical production company or of a ticket distributor, as defined herein. See N.Y. Arts and Cultural Affairs Law 23.03
  • theatrical production: shall mean those live-staged dramatic productions, dramatic-musical productions and concerts, as defined in this subdivision, which hereafter are shown to the public for profit and which are financed wholly or in part by the offering or sale in or from this state, directly, or through agents or distributors, of investment agreements, evidences of interest, limited partnerships, producer shares, equity or debt securities, pre-organization subscriptions or any other syndication participation, when any persons are offered, solicited to purchase or sell, directly or indirectly, such syndication interests for moneys or services within or from the state of New York; provided, however, that for purposes of paragraphs (h) and (i) of this subdivision a "theatrical production" shall mean any live-staged dramatic production, dramatic-musical production or concert which is presented to the public in a place of entertainment as defined in this subdivision. See N.Y. Arts and Cultural Affairs Law 23.03
  • theatrical production company: shall mean any entity formed to (i) develop, produce, invest in or otherwise exploit, or any combination thereof, one or more specified or nonspecified theatrical productions, and (ii) conduct all activities related thereto. See N.Y. Arts and Cultural Affairs Law 23.03
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