Section 172 of the New York General Business Law (“GBL”) requires a business that operates an employment agency in New York City to obtain a license from the Department of Consumer Affairs. That requirement applies to a business operating as a theatrical employment agency. Section 171(8) of the GBL defines a “theatrical employment agency” to mean “any person… who procures or attempts to procure employment or engagements for circus, vaudeville, the variety field, the legitimate theater, motion pictures, radio, television, phonograph recordings, transcriptions, opera, concert, ballet, modeling or other entertainments or exhibitions or performances[.]” Section 171(8) excludes from the definition of theatrical employment agency “the business of managing such entertainments, exhibitions or performances, or the artists or attractions constituting the same, where such business only incidentally involves the seeking of employment therefor.” A business that procures theatrical employment for its client is exempt from the licensing requirement only when the procurement of employment is incidental to the overall management of the client. If the description of the services provided by procurement of employment for your clients appears to be the primary activity and not incidental to their personal management, you are not exempt from the requirement of GBL § 172 to obtain an employment agency license.
