In February 1927 actress Gail Kane and others were arrested following a performance of The Captive, which was considered indecent and a violation of Section 1140A of the New York City Criminal Code.

The Empire continued to present both original plays and revivals, including the English premiere of The Threepenny Opera in 1933, until 1953.

[2] Frank Sanger and Al Hayman were the owners and developers of the uptown vacant lot that became the Empire Theatre.

The Empire Theatre's business manager was Thomas F. Shea for over 20 years from its opening till the death of Charles Frohman.

Advertised as thoroughly fireproof, the building was the only stock theatre at that time to be on the ground floor and to have no steps entering from the street.