Genovese Appeal

18 Pa. D. & C.2d 585, 1959 Pa. Dist. & Cnty. Dec. LEXIS 296
CourtPennsylvania Court of Common Pleas, Philadelphia County
DecidedApril 8, 1959
Docketno. 8900
StatusPublished

This text of 18 Pa. D. & C.2d 585 (Genovese Appeal) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Philadelphia County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Genovese Appeal, 18 Pa. D. & C.2d 585, 1959 Pa. Dist. & Cnty. Dec. LEXIS 296 (Pa. Super. Ct. 1959).

Opinion

Gold, J.,

Appellant is the owner and operator of a dance studio located at 1709 Chestnut Street, Philadelphia. Upon recommendation of the police department appellant’s license was revoked by the Department of Licenses and Inspections (the department) . In addition, appellant’s application for a license to operate a second studio at the southwest corner of Broad Street and Erie Avenue, Philadelphia, was disapproved. Appellant thereupon took separate appeals to the Philadelphia Board of License and Inspection Review (the board). After a hearing held on October 29, 1956, the board affirmed the action of the department. An appeal to this court followed. By opinion dated February 14, 1958, this court, speaking through Judge Levinthal, resubmitted the matter to the board for reasons hereinafter set forth. Subsequently the board held another hearing, after which it reaffirmed its former orders. This appeal followed.

Appellant is a 51-year-old married woman with six children. With the exception of some six or seven months she has continuously been engaged in the operation of licensed dance studios since 1944. In 1950, while operating a studio on Walnut Street, appellant and several of her dancing instructresses were arrested on various morals charges and appellant’s license was revoked. Appellant and her instructresses were subsequently acquitted of these charges.

Thereafter, she opened a studio in Camden, N. J. This establishment, while operated for appellant by [587]*587another person, was closed in May 1953, on the recommendation of the Camden police department, which secured from her employes certain statements which indicated that the studio was operated in an irregular and possibly immoral fashion. The evidence did not disclose conclusively whether appellant voluntarily relinquished her Camden license or whether it was revoked. In any event, no arrests were made in that jurisdiction.

Appellant resumed her business in Philadelphia by opening a dance studio in March 1953, at 1227 Locust Street. She was issued a license for this establishment following an investigation by the police department which apparently found her qualified to continue in this type of business. On April 22, 1954, following another investigation by the police department, she was issued a license to conduct her present dance studio at 1709 Chestnut Street. She continued this operation until and after an incident allegedly occurred on July 25,1956, which led to appellant’s present difficulties.

Detective Leonard Weiner testified that on that date, while posing as a customer at appellant’s studio, he was solicited by a dancing instructress, employed by appellant, to engage in an immoral act for $10. Appellant was not present on this occasion, although she was subsequently called from her home and placed under arrest along with the instructress. The detective testified that although no written statement was procured from the instructress, she admitted orally that she had committed immoral acts with other men on previous occasions. In her verbal statement the instructress not only exculpated appellant from any blame for the illegal solicitation, but on the contrary, stated that appellant had cautioned her and other employes against such behavior. Appellant was discharged by the magistrate the next morning.

[588]*588Appellant testified that the only previous arrest of herself or any of her employes occurred in 1950 when the parties were subsequently acquitted, that her procedure was to investigate employes before hiring them and to warn them against improper conduct, that the accused instructress had previously operated her own studio and was an experienced dancing teacher who submitted excellent character references, further, that her background was investigated by appellant which indicated that she was married to an ex-serviceman, had one child and supported her mother and brother. The instructress was placed by appellant in “charge of the desk” and paid on a salary rather than a commission basis.

Appellant further testified that she intended to teach tap, toe, ballet and ballroom dancing at the Broad and Erie studio.

On the basis of the foregoing, the board in its first order found that the instructress did in fact solicit the detective, that although appellant may have been without personal knowledge thereof, she was responsible under the law for the acts of her employes.

Appellant thereupon appealed to this court by a writ of certiorari. Following oral argument, we were advised by counsel for appellant that Detective Weiner, the solicited officer, had been discharged from the police force for accepting a bribe. We were further advised that the accused dancing instructress was found not guilty of Weiner’s charges by Judge Griffiths.

Because of the significance of these subsequent events we did not decide the appeal on the merits but remanded the proceeding back to the board in order to give that agency an opportunity to hold a further hearing. Speaking through Judge Levinthal, we stated: “Since the detective’s testimony was the only evidence of an ‘indecent act’ or ‘immoral conduct’ on the premises warranting the revocation of appellant’s license, [589]*589newly discovered matters raising serious questions concerning the credibility of this witness obviously might well affect the Board’s ultimate decision”: In the Matter of Irene Genovese, C. P. No. 6, December term, 1956, no. 8900, filed on February 14, 1958.

On March 31, 1958, the board held another hearing at which time counsel for the department conceded that-Detective Weiner had been suspended from the police force and was listed to be tried before the Civil Service Commission. Two additional witnesses were called, however, to corroborate Weiner’s testimony. Police Lieutenant Andrew Waters testified that the accused instructress, in the presence of Weiner, orally admitted under questioning that Weiner’s charges were true. Detective Earl Hulihan, who also testified at the original hearing, fully corroborated Lieutenant Waters’ testimony. Both officers ’declared that on subsequent visits to appellant’s studio, no evidence of any irregular or illegal conduct was found.

In an opinion dated June 4,1958, the board held that appellant failed to introduce any evidence to substantiate her charges concerning Weiner’s dismissal or the acquittal of the instructress. Accordingly, the board reaffirmed its original order. The present appeal followed. However, at the time of the reargumént before us, these facts were conceded by counsel for the board.

Statutory authority for the regulation and licensing of dance halls in Philadelphia stems from the Act of May 16,1919, P. L. 193, 53 PS §4731, et seq. Section 4 of the act requires that a license be first obtained before any premises are used for classes or instruction in dancing. Section 5 requires the Mayor, now the 'department, to investigate all applications for dance hall licenses in order to determine whether or not the proposed premises comply with applicable rules, regulations, ordinances and laws. Section 7, 53 PS §4737, upon which the present action rests, provides, inter [590]*590alia: “The license of any public dance hall or ball room or academy may be forfeited or revoked by the . . . [Department] for disorderly or immoral conduct on the premises, or upon proof that the dance hall, ball room, or academy was frequented by disorderly or immoral persons . . (Italics supplied.)

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Bluebook (online)
18 Pa. D. & C.2d 585, 1959 Pa. Dist. & Cnty. Dec. LEXIS 296, Counsel Stack Legal Research, https://law.counselstack.com/opinion/genovese-appeal-pactcomplphilad-1959.