Palmyra officials consider controversial liquor license transfer for East Main Street site

Matthew Toth, Lebanon Daily News
Updated ·6 min read

Palmyra Borough Council members are considering a controversial liquor license transfer after an almost two-hour public hearing packed with residents questioning the location's logistics and the landlord's racial incident from 2017.

Council members held a hearing on Tuesday, Oct. 24, to discuss the transfer of a liquor license owned by Ninkovich LLC to 1 East Main Street. The license was last used at The Samler Taphouse on 800 Cumberland St., which closed in June 2018 after five years of business.

Derek Ninkovich, the only member of Ninkovich LLC and former owner of the Samler Taphouse, said he wants to open up a crab house bar and restaurant. The estimated 2,000-square-foot building could hold up to 55 people.

"I just want to open up a seafood eatery," he said. "I want to get fresh seafood imported from Maryland. (I) have a couple connections down there to get fresh seafood and just make it a nice little quaint place ... hours of operation from 11 a.m. to 11 p.m. Nothing late, nothing crazy."

Palmyra Borough Council members spent almost two hours Oct. 24 conducting a hearing into the transfer of a liquor license from Lebanon to 1 E. Main St. The hearing application was completed by Chris Behney, landlord of the E. Main St. property, who did not appear.
Palmyra Borough Council members spent almost two hours Oct. 24 conducting a hearing into the transfer of a liquor license from Lebanon to 1 E. Main St. The hearing application was completed by Chris Behney, landlord of the E. Main St. property, who did not appear.

Just Wing It LLC

Ninkovich is the brother of Chris Behney, founder of Just Wing It restaurants in Annville and Lebanon. According to the Pennsylvania Department of State website with records filed in February 2011, Ninkovich is listed as a co-owner of the name "Just Wing It." However, Ninkovich testified at Tuesday's meeting he does not own the name.

In 2017, Behney was investigated by Annville Township Police after then Lebanon Valley College student Ricky Bugg Jr., a Black man, said he was confronted by Behney using racial slurs and allegedly denying service.

Bugg told the Lebanon Daily News at the time that Behney came out of the back of the restaurant carrying a beer and said, “I don’t need you n-------. I own three other restaurants. You guys don’t need to eat here.”

In 2017, Annville Township Police said they would not be filing criminal charges against Behney. Just Wing It LLC was sued by Bugg in 2018, and in April 2020 U.S. Middle District of Pennsylvania Judge Jennifer P. Wilson entered a default judgment against Just Wing It in the total amount of $40,000 with interest in damages, with an additional payment ordered of $72,552.50 in attorney's fees and $885.60 to Bugg.

In court documents, it's noted that neither counsel for Just Wing It nor Behney appeared for the proceedings. Smigel, Anderson and Sacks attorney Jennifer Ruth, whose firm represented Bugg in the civil suit, told council members Tuesday that Behney has yet to comply with the order.

"Mr. Behney, nor anyone from Just Wing It LLC, ever appeared," Ruth said. "They never answered the complaint. They never responded to any answers from the court. They never appeared at any hearings. They have done absolutely nothing."

Police Investigation: No charges in Just Wing It racial case

Racial accusations: Police look into racial accusations at Just Wing It

At Thursday night's hearing, Ninkovich testified that his brother would not be on his liquor license, running his business or a member of his company.

Behney is the only person who contacted the borough council about the liquor license transfer, according to borough solicitor Josele Cleary during the hearing. Behney did not attend the hearing or send representation.

When asked why his brother applied to the borough, Ninkovich said, "I was just very busy and he helps me out from time to time."

Behney purchased the East Main Street property on Oct. 5, 2022. According to Assistant Borough Manager Brenda Pera, Behney has a delinquent sewer and refuse balance of $1,768 to the borough and owes $3,099 in county and borough real estate taxes. Behney has also not reimbursed the borough for $329 for advertising in the Lebanon Daily News for Wednesday's hearing.

When asked by council member Jane Quairoli if it was appropriate for his brother to apply to the borough for the liquor license transfer hearing, Ninkovich only responded "no."

Residents' concerns

The proposed restaurant where the liquor license would be transferred is near the corner of East Main Street and Railroad Street, which many at Tuesday's hearing recognized as a high-traffic area with little parking.

Ninkovich claimed that Palmyra would be dying down at 5 p.m., and that while diners may be able to park on the street, he would question his neighbors for the use of their parking.

The Palmyra Academy of Dance, located across the street from the proposed restaurant, operates classes for children and adults in the evenings. Owner Maria Altebrando said the studio's parking lot is in constant use by her dancers and their families.

"It's extremely full," she said. "We're there from 4 p.m. to 9 p.m. We have specific traffic patterns for our dance families, suggested traffic patterns for them to follow so we don't back up the light too much ... There is no available parking at 1 West Main St. at any time of the day."

Ninkovich's potential neighbors on East Main Street include Brinser Wagner law offices and the Palmyra Pharmacy & Gift Shop. Building co-owner and attorney Gerald Brinser said there are a lot of elderly clients that visit their businesses, along with the My Scrub Shop uniform store and the post office behind the building.

"There is really is no room for any additional people using our parking lot," he said.

Residents also expressed concerns about the students from the Palmyra Area Middle and High School using Railroad and Main streets to get home. Ninkovich acknowledged that he had one violation when he owned the Samler Taphouse in 2018: one of Ninkovich's employees served a drink to a Pennsylvania State Police undercover minor.

However, many residents said the information about Ninkovich's application process and history with his brother's businesses gave them pause.

"I would love to have that corner provide income to the taxpayers, I would love that," resident Nate Hartman said to council members. "And now it just looks creepy, and it's right in the square of our town."

During the Oct. 24 meeting, Derek Ninkovich, the only member of Ninkovich LLC, said he wants to open a seafood restaurant at the E. Main Street location. "I have a couple connections down there to get fresh seafood and just make it a nice little quaint place," he said.
During the Oct. 24 meeting, Derek Ninkovich, the only member of Ninkovich LLC, said he wants to open a seafood restaurant at the E. Main Street location. "I have a couple connections down there to get fresh seafood and just make it a nice little quaint place," he said.

Council holds decision

After a brief executive session, council members voted a resolution to extend the decision of the liquor license transfer while they consider the issue. The council must make a decision no later than the Dec. 12 meeting, according to officials.

"If the council notifies the applicant in writing, the council can take up to 60 days to render a decision," Cleary said. "But because the decision must be rendered by resolution, the decision must be made at a public meeting."

The next meeting of the Palmyra Borough Council is scheduled for 7 p.m. on Nov. 14.

Matthew Toth is a reporter for the Lebanon Daily News. Reach him at mtoth@ldnews.com or on X at @DAMattToth.

This article originally appeared on Lebanon Daily News: Palmyra Pa. residents concerned about liquor license transfer