The card you are thinking of is one of the top 52 cards in the deck. Don't ask me how I know that. I just do. Look, Sharpo!® wants to get right back to our mystery, comedy and magic...
but first let's put your mind at ease regarding all this "AB5" California Independent Contractor stuff.
Doing Business With Sharpo!® Entertainment Productions:
It is easy to do business with Sharpo!® even under California’s strict AB5 law (In effect as of 1/1/20. )
The new law in California “AB5” (effective January 1st, 2020) replaces the Borello test with a new ABC test to determine if an individual is an employee or independent contractor. All three criteria must be satisfied. Read on decide for yourself if Sharpo!® passes this test with flying colors.
(A) The person is free from the control and direction of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work and in fact. CHECK! Sharpo!® Entertainment Productions creates, produces, directs, and controls its own performance 100% of the time.
(B) The person performs work that is outside the usual course of the hiring entity’s business. Does your company produce mystery, comedy and magic shows? No? Then CHECK! Sharpo!® Entertainment Productions performs services that are indeed outside the usual course of your company’s business. Even if your company does produce entertainment, contracting with Sharpo!® would be a "special event" with a unique, one of a kind, trademarked experience and as such would also be outside the usual course of your business.
(C) The person is customarily engaged in an independently established trade, occupation, or business of the same nature as that involved in the work performed. CHECK! Sharpo!® is a federal trademark dating back to the 1990s. It is certainly well established! Eric Howell Sharp started doing business as Sharpo!® Entertainment Productions since 2004.
FACT: According to the Small Business Administration, over 70 percent of businesses in the United States are owned and operated by sole proprietors.
Sharpo!® is a Sole Proprietorship: Eric Howell Sharp dba "Sharpo Entertainment Productions" headquartered in Van Nuys, California. Sharpo!® Entertainment Productions maintains a current City of L.A. Tax Registration Certificate. "Sharpo!®"is a registered trademark with the U.S. Patent and Trademark Office. Registration # 3900527. Sharpo!® is insured! Sharpo Entertainment Productions maintains General Liability Insurance for performance at events and the policy names clients and venues as additional insured.
So far so good! But just to cover the bases: What about the Business to Business Exemption? Read it and decide for yourself.
READ AB 5: Requirements:
(1) If a business entity formed as a sole proprietorship, partnership, limited liability company, limited liability partnership, or corporation (“business service provider”) contracts to provide services to another such business (“contracting business”), the determination of employee or independent contractor status of the business services provider shall be governed by Borello, if the contracting business demonstrates that all of the following criteria are satisfied: (Sharpo!® Entertainment Productions is a sole proprietorship.)
(A) The business service provider is free from the control and direction of the contracting business entity in connection with the performance of the work, both under the contract for the performance of the work and in fact. Sharpo!® Entertainment productions is indeed 100% free from control and direction of the work!
(B) The business service provider is providing services directly to the contracting business rather than to customers of the contracting business. Sharpo!® is performing for your company and not your company’s customers.
(C) The contract with the business service provider is in writing. Sharpo!® Terms and Conditions are outlined in our service form and contracts that are completed when you book the performance!
(D) If the work is performed in a jurisdiction that requires the business service provider to have a business license or business tax registration, the business service provider has the required business license or business tax registration. Sharpo!® maintains a L.A. City Tax registration Certificate.
(E) The business service provider maintains a business location that is separate from the business or work location of the contracting business. Sharpo!® Entertainment Productions is located at 14802 Runnymede Street, Van Nuys, CA 91405
(F) The business service provider is customarily engaged in an independently established business of the same nature as that involved in the work performed. Sharpo!® Entertainment Productions is well established and the federal trademark “Sharpo!®” dates back to the 1990s.
(G) The business service provider actually contracts with other businesses to provide the same or similar services and maintains a clientele without restrictions from the hiring entity. Sharpo!® Has an extensive and ever growing client list.
(H) The business service provider advertises and holds itself out to the public as available to provide the same or similar services. See Sharpo.com!
(I) The business service provider provides its own tools, vehicles, and equipment to perform the services. Sharpo!® is a fully self contained act.
(J) The business service provider can negotiate its own rates. Sharpo!® is famous for fair and competitive pricing and names its price on each gig.
(K) Consistent with the nature of the work, the business service provider can set its own hours and location of work. Sharpo!® chooses when to work and advises clients on optimal performance itineraries.
(L) The business service provider is not performing the type of work for which a license from the Contractors State License Board is required, pursuant to Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code. Sharpo!® Entertainment Productions is not required to have a state license to perform.
And what about the Fine Artists Exemption? Does Sharpo!® Qualify for that too?
“Performance art is a performance presented to an audience within a fine art context, traditionally interdisciplinary. Performance may be either scripted or unscripted, random or carefully orchestrated, spontaneous or otherwise carefully planned with or without audience participation. The performance can be live or via media; the performer can be present or absent. It can be any situation that involves four basic elements: time, space, the performer's body or presence in a medium, and a relationship between performer and audience. Performance art can happen anywhere, in any type of venue or setting and for any length of time. The actions of an individual or a group at a particular place and in a particular time constitute the work.”
It is interesting to note that the law does not clearly define “Fine Artist”.
*DISCLAIMER: This page contains assertions by Sharpo!® Entertainment Productions of our independent contractor status based on our own careful internal independent reasoning and interpretation of the law. The author’s opinions and assertions contained herein are stated without prior consultation from attorneys, legislators, experts or legal scholars.
It is our recommendation that concerned parties verify with their own legal departments as to the validity of the opinions contained herein.