Variety (April 1953)

Wednesday, April 29, 1953 See AGVA-TROA Struggle Resolved In Next Few Weeks; Ops’ Truce Plan PBrIE St VAUDEVILLE 59 DL Jury Fans Sally Rand Harlem Trying Limp-Wrist Twist In Last-Ditch Pitch for Biz By JOE COHEN ruiid of Variety Artists and the Theatre Restaurant Owners of America may be worked out within ff ie n ext few weeks. Both sides are showing indications that they can J et together. Each is apparently fed up with fighting and both croups would like to get out of this tiff so that they can devote more time to other matters. A meeting of TROA at the Park Sheraton Hotel Monday (27) worked out a basis upon which a truce can be arranged. The major bone of contention, the welfare plan, can be compromised, it’s-seen. The’nitery owners recognized that a welfare plan is important to the performers as well as the union, but the operators, insist that the present plan, which calls for a $2.50 weekly payment out of which $2.40 is turned over to -an insurance company for accident coverage while on the job, is inade- quate to meet the' needs of the performers. TROA wants a welfare plan, it stated, in which all the funds go to the unioh to help its needy. They also feel that both operators and acts should contrib- ute to such a plan. TROA also seeks a change in the method of arbitrating disputes between operators and acts. They propose a setup whereby grievances will be aired by an AGVA rep, an operator and a neutral party. Employer Status Another major point, and one which indicates a stiff fight, is the contention by honifaces that they’re not employers. They want all contracts to be worded so that “operators” and “artists” will be substituted for “employers” and “employees.” The union has indi- cated that it will fight this clause. However, ultimate settlement of this issue will be up to the rulings of Government bodies or the courts. There have been several Bureau of Internal Revenue ukases on this matter, but in these cases,, rulings apply to collections of taxes only. In those cases where courts have ruled, the decision is stipu- lated to apply to the particular situation which has been tested ana to no other. Thus the decision some 10 years ago in the case of Radio City Music-Hall, N. Y„ ap- plies to that house only and to no other. That case adjudged acts to be independent contractors. Another major demand by TROA is recognition by AGVA. Org de- clares that since the AGVA mini- mum basic agreement is the same in all situations and one form suffices in all cafes, then AGVA should negotiate with the organiza- tion and thus tie up . a great num- ber of cafes. Another reason for recognition is the need for repre- sentation in Washington to work on repeal of the 20% cabaret tax tsee separate story). It’s expected that Silverstone & Rosenthal, AGVA attorneys, and Col. Maurice Lutwack, TROA counsel, will get together to discuss these proposals, probably this week or next. Willingness to settle is evident on both sides. ‘Capades’ HOG in Omaha, 20G Better Than in ’52 Omaha, April 28. “lee Capades” grossed $110,000 for its seven-day, nine-show stint at Ak-Sar-Ben here, rink manager Harry Fowler disclosed this week. This was a $20,000 »rise over last year, wnich was hurt severly by flood threat.’ However, it is a bit short of “Hollywood Ice Revue” stanza last fall, “Hollywood” and “Capades” will return at approximately same dates next year. N.Y. State Extends 90-Day Eatery Rule Pre-Liquor Albany,*April 28, New York State Liquor A’uthor- ny has extended for another year: ine rule requiring applicants for jduor licenses to operate as a straight eatery for 00 days before application can be filed. P *^ s .? result of this legislation, rw ni * e 5, les ^ ve b e en able to open « nn « ^ le Past year since talent operations cannot flourish without luor sales. This regulation has inff « Premium on spots now own- in ? a liquor license; M&L’s 50G Fox, Detroit; See Brit Rift Cleared Martin & Lewis have been signed for the Fox Theatre, Detroit, for a week starting May 14 at a $50,000 guarantee against 70-30%. In the cast wilb be virtually the same lineup the comics want to take over to the London Palladium with them for their new show opening June 22. Mayo Bros„ Kitty Kallen and Dick Stabile are on the card with them. M&L will pay for the orch, surrounding show and a per- centage. of the advertising costs. Team plays the Paramount, N. Y., Aug. 26 on the same terms. Their final “Colgate Comedy Hour” show is May 31. The duo has been hassling with the Palladium over the inclusion of members of the Stabile orch' in the Woolf Phillips Skyrockets- orch at the London house. Rules of the British Musicians Union for- bid inclusion of alien tooters. Mu- sic Corp. of America, team’s book- ers, says that the difficulties will be resolved and the team will play the theatre as per schedule. Walters’6-Month Season for Acts Lou Walters, operator of the Latin Quarters, New York and Miami Beach, will be able to give an act six months’ work between those spots and a pair of bookings at Las Vegas and Reno. Walters already has signed George & Bert Bernard for his Miami Beach nitery starting Dec. 22 for the season, plus an option for a run in New York. Duo are pacted for $2JjOO and deal calls for an in- crease if they play the Nevada cafes. ‘ Walters also operates Tahoe Vil- lage, Lake Tahoe, Nev., but tha{ spot isn’t on fhe Bernards’ itinerary. Act, originally an American turn which became a name in -Europe, will attempt to reach that status on the dates for Walters. Ambassador’s 5G Payoff To Lucienne Boyer For L.A. 5-Dayer; Ink Patachou Los Angeles, April 28. The recent ill-fated run of Lu- cienne Boyer at the Coeoanut Grove of the Ambassador Hotel here hasn’t soured the inn’s’ man- agement on the potential of French chantooseys. The hotel has signed Patachou as head of a package to play the Grove July 15. In her unit will be the A1 Donahue orch and the Szonys. Miss Boyer’s stand at the Grove was cancelled by mutual consent after five nights and she was paid $5,000 for her three-week contract. Settlement was worked out by the Ambassador management and Eddie Rio, Coast rep for the Ameri- can Guild of Variety Artists. Sing- er Jack Smith was pressed into service for the remainder of Miss Boyer’s run. Cancel Borer In S. F. San Francisco, April 28. The Lucienne Boyer “Continen- tal Variety Revue,” set /or one week at the 1,550-seat Geary The- atre, starting May 4, has been can- celled. Failure of Boyer management to send signed contract to theatre is cause. Geary management also de- clared it was unable to contact Miss Boyer regarding .the deal. House is writing off cost of adver- tising and extensive publicity cam- paign. Fire Razes Dallas Ex-Gaffe Dallas, April 28. Fire destroyed the former swank Bagdad nitery here with a loss estimated at $1,150,000. Building was owned by Dri and Mrs. Frank H. Newton. Spot had been shuttered for some time and was being readied for opening as an art museum. , For $30,000 in Auto Suit St. Louis, April 28. Sally Rand was the loser in a damage suit brought by a St. Louisan as the result of injuries suffered in an auto accident April 7, 1952, on the Illinois side of the Chain of Rocks Bridge that crosses the Mississippi from here. Last week a jyry in U. S. District Court in Springfield, 111., awarded Harry Snell, a salesman, $30,000 dam- ages. Miss Rand and her secretary, Nancy Alexander, who was at the wheel at the time of the accident, were jointly named in the suit; The dancer testified in the case but was not in court when the verdict was returned. * • Nev. Casinos Hike Coast’s Talent Hollywood, April 28.. Nevada’s gambling has done some good for show biz personnel, records of the American Guild of Variety Artists indicate. The growth of Las Vegas and Reno hostelries and the resultant demand for entertainment has created, more employment among AGVA members this year than at any time since the boom began to slacken shortly after the war. Ap- proximately 25% of the 2,300 Coast AGVA members are now working. AGVA Coast chief Eddie Rio pointed out that while the Las Vegas and Reno situations are beneficial chiefly to top names, the constant turnover in shows provides plenty of work for lesser- known acts to fill out the bills at the various spots. Las Vegas alone, Rio estimated, is spending approxi- mately $6,000,000 a year for talent. AGVA records, of course, don't indicate how much of this talent coin the performers leave right there on the green felts. Buriesk as Tree Speech’; N.J. Supreme Ct Gives Minsky Nod in Newark Newark, April 28. The New Jersey Supreme Court yesterday bumped the decision of Newark’s Safety Director, John B. Keenan, when it ordered him to issue a license to Harold Minsky, who wants to open the Adams The- atre here as a burlesquery. In a 6-—1 vote, the court stated: “The performance of a play or a show whether burlesque or other kind of theatre is a form of free speech and prima facie expression protected by the state and Fed- eral constitutions. The prior re- straint is therefore plainly unsup- portable unless the proofs which led the licensing officials to con- clude that the plaintiff intends to stage lewd and indecent shows rea- sonably tend to show that such is the case.” In a dissent. Judge William Wachtenfeld stated: “I think there is ample evidence in the record to indicate that decency and good order would require the action taken.” Minsky, a scion of the noted bur- lesque clan, made application to Keenan to open the house on a bur- ley policy last fall and was turned down. He subsequently appealed. The Theatre Restaurant Owners of America is planning to establish a lobby in Washington to work for repeal of the 20% nitery tax. Or- ganization * of nightclub owners is seeking to join theatre and hotel interests in eliminating the excise. TROA feels, according to its presi- dent, Lou Walters, who operates the Latin Quarter in N. Y. and Miami Beach as well as Tahoe Village, Lake Tahoe, Nev., that ac- tion must be taken, immediately. Walters stated that unless the American Guild of Variety Artists gives TROA immediate recognition so that Qongress would know it has the backing of labor in trying to work for repeal of the tax, its ’Hello Sunshine’ Singer’s 2-Way Fog in Pitt Miss Pittsburgh, April 28. Norman Brooks (“Hello Sun- shine”) never made opening night of his engagement last week at the Copa here. The singer, who had played the Vogue Terrace in Pittsburgh just before that, had to go back to his home in Canada between the dates to straighten out work papers with the immigration authorities and details weren’t completed in time to permit him to get back. That w r asn’t all of Brooks’ tough luck. In rush to make Pittsburgh even for. the second night, he for- got his wardrobe, and had to call a tailor in New York to rush him a. tuxedo posthaste. The tailor planed in with it himself right before Brooks’ second show of the evening last Tuesday (21). Weissmuller’s 15G For Vegas Aqua * Las Vegas, April 28. The Desert * Inn will bring an aquacade to this desert resort in June in the mushrooming contest for bigger and better entertain- ment layouts. -Show will star Johnny Weissmuller in a big spec- tacle that will cost the hotel around $15,000 per week for four frames. Weissmuller will personally pocket $4,000 weekly for the stint. Swimming star cut his regular fee on the condition that the hotel stage only 'one show nightly and two on Saturdays and Sundays. During the four-week stand, hotel’s Painted Desert Room will be closed down for refurbishing and the aquacade will be staged in the pool with tables set up on the jawn and ringside seats available on the pool’s concrete apron. Kay Thompson Mad About The Boy (Lynn Carter) Who’s Tmping’ Her Style San Francisco, April 28. Kay Thompson has threatened legal action against Lynn Carter, female impersonator currently ap- pearing at the Beige Room here. Frank L. Ippolito, attorney for Miss Thompson, has demanded that Carter discontinue his “imp” of her act and that of the Williams Bros. Carter heads a group billed as Lynn Carter and the Four Car- tiers. Ippolito also insists that Carter stop performing in slacks, costume, facial makeup and any other device that imitates Miss Thompson. Carter has retained attorney Jacob W. Ehrlich to fight Miss Thompson’s demands. Comment- ing on threatened legal action, Ehr- lich said, ”1 see no merit in this re- quest as there is no law against imitating anyone, so long it is not done for the purpose of degrading them or injuring them in their live- lihood.” efforts in getting repeal would be hampered. • Walters said that there is now an excellent chance of getting some tax relief and this opportunity should not be permitted to pass. AGVA, so far, has refused to give recognition to the organiza- tion, stating TROA has not yet pro- vided the union with a list of mem- bers. Walters stated that as soon as AGVA sits down to negotiate, then it will be given a roster. Be- sides, Walters declared, it should make no difference to the union whether TROA represents 10 or 10,000 cafe operators, since it’s an organization of bona fide owners and warrants recognition as a group. Harlem cafe owners are now playing the angles. The orthodox nitery operations that once paid off handsomely with ofay patron- age from the monied sectors to the south of the vast Negro belt are no more. Harlem cafe society has the choice of a few disk jockey joints, musical bars, one regulation nitery, and a few after-hour spots getting the better-heeled clientele. Indication of the distance that this section of New York has trav- eled away from regular nitery operation is seen in the fact that there is not one Negro chorus line in the entire sector. But Harlem bonifaces are still hopeful of hit- ting upon an angle that will lure customers from that sector as well as downtown. The Flame Melody Room last week installed a limp-wrist show in a small smartly decorated room op top of a cocktail lounge. Phil Black, in a fetching creation, is “hostess” and the show on open- ing night comprised a number of the AC-DC set, one of them per- forming an Indian nautch dance, a team doing adagio, and with an ofay femme impersonator in a tasteful strip. Latter was the hit of the show. There are a couple of girl singers (genuine) but the major interest is in the boys. Oper- ators complained that search for a girl with muscles to sing tasteful risque numbers /ailed to ma- terialize. It’s an experiment that’s going to be watched by the other cafemen in the district. The bonifaces have tried everything from big cafes such as the Club Sudan postwar, which was patterned after the long- defunct Cottoji club, to the intime spots which had short careers. Any- thing that will bring fresh money to the neighborhood is to be en- couraged. Apollo Last Stronghold The operators have long run oui ? of original reasons on why the white monied elements aren’t do- ing Harlem any more. The decline started during the war when a few publicized muggings scared outside patronage away. The nitery own- ers then felt that it was a tem- porary condition. The fear to tread Harlem is now gone, but so are the customers, and so far there hasn’t been enough talent working (Continued on page 70) Publicists Guild’s Bally Ball A 5G New York Winner The Publicists Guild netted about $5,600 for its scholarship and wel- fare fund from its debut Ballyhoo Ball, held last week (22) at the Roosevelt Hotel, N.Y. Approxi- mately 900 showed up at the shin- dig thrown by the pressagent or- ganization. Ticket sales ran to $4,500 and $4,000 was grossed by the journal. Amonk those appearing were Christine Jorgensen, Darvas & Julia, Larry Storch, Patti Page, Lucille & Eddie Roberts, Mary Meade, Jimmy Nelson, Four Fresh- men and Art Stevens. Joey Adams emceed. Ivan Black is the org’s prexy. Ball was handled by George Schrier, Dick Mardus and David Alber, who co-chairmanned the af- fair committee, while Ben Kaufman topped the journal committee. Name Orchs, Acts to Play Russells Pt., O., for Bruno Toledo, April 28. Louis Bruno, for the last four years assistant director of the To- ledo Home Show and former man- ager of the Trianon Ballroom here, has been named manager of the French L. Wilgus Enterprises at Russells Point for the coming sea- son. In his new post, he will manage the Stardust Ballroom, the Show Boat nightclub, the. Plaza Hotel and Old Vienna Corners. Several name bands will be booked at the ballroom and top performers at the nitery. Pete Iodlce has been part- ing the shows there for several years. Larry Atierbach, recently dis- charged from the Army, has re- joined the William Morris Agency where he’ll be assistant to Lou Weiss in , the record and cafe sec- tors. TROA Sets Sights on 20% Tax Repeal; Needs AGVA Recognition’ as Bulwark