Kiefaber says he’ll defy order to vacate Senator Theatre 

Posted: 7:24 pm Mon, June 21, 2010
By Melody Simmons
Daily Record Business Writer

Tom Kiefaber, the outspoken operator — and former owner — of the Senator Theatre, said Monday he will defy an order from city attorneys to vacate the historic property by Sunday to make way for new ownership, the latest twist in a saga worthy of Hollywood itself.

The Baltimore Development Corp. is negotiating a deal to hand over management of the Senator to the owners of the Charles Theatre, James “Buzz” Cusack Jr. and his daughter Kathleen Cusack, on June 28.

But Kiefaber said he is moving ahead with plans to open the cult vampire thriller, “The Twilight Saga: Eclipse” on June 30, one minute after midnight when the film opens nationwide.

“Regarding the upcoming film, ‘The Twilight Saga: Eclipse,’ it’s the most eagerly anticipated first-run blockbuster of the year and along with all the advance ticket holders who beseeched us to feature it, we’re delighted that it opens on the big screen at the Senator, ‘the people’s theatre’ at 12:01 a.m. on June 30,” Kiefaber said in an e-mail.

The city bid $810,000 for the theater last July at a public auction held on the front sidewalk where dozens of colorful movie signs are etched into concrete, complete with autographs of famous movie stars and producers like Baltimore’s John Waters and Barry Levinson.

The Senator, listed on the National Register of Historic Places, had fallen into foreclosure after Kiefaber faced mounting debt, in part blaming competition from multiplex theatres. Last May, the city took over the theater’s mortgage from the 1st Mariner Bank prior to the auction, and retained ownership as the bidding opened. The auction also wiped out two liens on the fiscally beleaguered property.

Since then, Kiefaber, whose family has been involved in running the theatre for more than 70 years, has been allowed by the city to continue to operate the Senator. He has shown a variety of movies in the 900-seat house as well as produce live music concerts.

In the meantime, the city through the BDC, a quasi-public development agency, sent out requests for proposals for new management, deciding in April to negotiate the deal with the Cusacks.

Kiefaber was informed in a letter dated June 10 that he had until June 27 to vacate the Art Deco-style theater that has long been a city landmark in the 5900 block of York Road, said Larry Jenkins, an assistant city solicitor.

“In April we entered into a month-to-month agreement that stated if we [the city] entered into an award, we could terminate the agreement with a 10-day notice,” Jenkins said Monday. “We gave him a letter on June 10, and that letter said he had until June 27 to vacate.”

The Senator was opened by Kiefaber’s family in 1939. He took over operations in 1989.

Kiefaber said yesterday the changing of the guard is “a very complex process” and an emotional ordeal.

“I will communicate with City Solicitor Jenkins about these legal matters directly … in writing, and not through the media,” Kiefaber said in the e-mail.

On Monday, Kiefaber sent an e-blast advertising ticket sales at the Senator for a “special premiere presentation” of “The Twilight Saga: Eclipse.” The advance ticket sales were through MissionTix, a local Internet ticket sales company, and cost $8 each, plus a service charge. When asked what action the city would take if Kiefaber did not vacate the theatre by the June 27 deadline, Jenkins said he would have to study the city’s options.

“I’m not in a position to say,” Jenkins said. “He’s had notice to leave, and that’s what I need to say now.”

Cusack said on Monday he was unaware of the turmoil between the city and Kiefaber.

“It’s got to be awful,” he said, of Kiefaber’s waning operation of the Senator. “But I don’t have anything to do with this. I have no control over it.”

The Cusacks’ plan includes adding a restaurant and a crepe shop to the theater building, and possibly a second screen in the future. Upon takeover, Cusack, who said he plans to spend $400,000 of his own money in restoring the theatre, said he will show first-run movies in the Senator as soon as possible.

Cusack said he and his daughter are also seeking public financing for the renovations. They plan to ask for a total of $700,000 in incentives from city leaders, a $600,000 low-interest loan and a $100,000 forgivable loan. The city’s deal with the Cusacks includes a 5 percent payment of all revenue over $2 million each year.

The plan is expected to be presented to the city’s Board of Estimates in July, said Cusack.