Palmyra officials deny controversial liquor license transfer for E Main St. a second time

Palmyra Borough Council members rejected a controversial liquor license transfer for a second time Tuesday, citing inconsistent testimony and lack of parking as some of the reasons for their decision.

Council members voted unanimously to pass another resolution to reject 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 in business.

Chris Behney, the only member of Behney Enterprises and founder of Just Wing It restaurants in Annville and Lebanon, said he wanted to transfer the license to open the Piano Bar restaurant. The proposed menu would feature items such as salmon, angus beef steaks and chicken wings.

"The restaurant will feature 28 draft beers from local and craft brewers," Behney said. "The bar coolers will chill 60 different bottle beers, along with an exquisite wine list from Napa Valley, France and Italy."

According to the Pennsylvania Liquor Control Board, an application was filed to transfer the liquor license from Ninkovich LLC to Behney Enterprises LLC. Behney is the brother of Derek Ninkovich, sole owner of Ninkovich LLC, who applied for the first transfer back in Oct. 24, 2023.

During the October hearing, Ninkovich testified that his brother would not be on his liquor license, running his business or a member of his company. But borough solicitor Josele Cleary said Behney is the only person who contacted the borough council about the liquor license transfer.

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 had a delinquent sewer and refuse balance of $1,768 to the borough, which was paid on Nov. 9. As of Tuesday evening, Beheny still owes $8,050 in county and school taxes.

At Tuesday's hearing, Behney said that he did not come to the previous hearing because he was not the applicant, and to bring him into it "is just not normal when it comes to liquor license intermunicipal transfers."

"I thought it was a smear campaign," he said about the October hearing.

Behney added that stories in Lebtown about the liquor license transfer caused the controversy at the hearings, saying he thinks the publication had a personal vendetta against him.

Parking issues

The proposed restaurant where the liquor license would be transferred is near the corner of East Main Street and Railroad Street, which residents and council members have recognized as a high-traffic area with little parking.

Because the restaurant is located in the downtown business district, Behney said that zoning requires zero parking places. Behney presented council members with a possible 196 downtown public parking spaces within a three-block radius. These places included the Palmyra Post Office, which Behney said was public parking because they were made with white paint, and the Palmyra VFW.

"Through research, I discovered that people will walk three to five blocks to eat at their favorite restaurant," he testified.

Council members at Tuesday's hearing said that many of the public parking spaces indicated by Behney are used by residents and other businesses in the area. Council member Jane Quairoli told Behney that without constant supervision, people will park in private spaces to use his proposed establishment.

"People don't always park where you would like them to," Quairoli said. "We all know there are parking situations in Palmyra."

Just Wing It LLC

In 2017, Behney was investigated by Annville Township Police after then Lebanon Valley College student Ricky Bugg Jr., a Black man, said Behney used racial slurs toward him and allegedly denied him service.

Annville Township Police said at the time 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.

Behney said he does not own the company Just Wing it LLC and also testified that the statute of limitations to correct this lawsuit has run out, adding, "I don't owe anybody anything."

"They say I never responded, they said I never showed up to the hearing. Well, I never received an invitation," Behney said. "If I received an invitation, I would have shown up with five lawyers to prove my innocence."

According to the Pennsylvania Department of State website with records filed in December 2012, Just Wing It LLC is listed as a corporate service company with a Harrisburg address. The paperwork was filed by Jennifer Smith, who is listed as an assistant secretary with the company.

"We cannot confirm who the members of the LLC are, as there is currently no legal requirement for any LLC to name the members on their public filing with the PA Department of State," Matt Heckel, a Department of State spokesperson, told the Lebanon Daily News in an October 2023 email.

Also according to the Pennsylvania Department of State website with records filed in February 2011, Ninkovich and Behney are listed as a co-owners of the name "Just Wing It." However, Ninkovich testified at the Oct. 30 public hearing that he does not own the name.

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

First Decision: Palmyra officials deny controversial liquor license transfer for East Main Street site

Public comment

Before finishing his presentation, Behney testified he met up with Bugg five years ago at the Arooga's in Hummelstown. During that interaction, he said that he paid for Bugg's tab and watched a Duke basketball game with him at the bar.

"I looked at him and said, 'I'm not racist,'" Behney said. "The young man said, 'I never said you were.'"

Bugg did not appear during Tuesday night's hearing. His father, Ricky Bugg Sr., testified twice before the borough council, the second time saying he had texted his son who responded that the meeting never happened.

"Somebody's lying," he said. "That's all I'm going to say. ... It could be my son, or it could be Mr. Behney."

Behney attempted to object to the council multiple times about Ricky Bugg Sr.'s testimony, and insisted that he should be allowed to comment before being told to stop by the borough solicitor.

After his presentation, Behney said he would only take questions from the council members, saying, "this would not be a Chris Behney smear campaign for the next hour."

"I will not answer questions from the crowd because I legally do not have to," he told council members.

When asked directly by NAACP member Pat Steely about who owned the Annville Just Wing It in 2017, Behney responded that on the advice of counsel he was invoking his "Fifth Amendment privilege against self-incrimination" and declined to answer her.

"When you keep talking about how you have all this money to pay five lawyers for this and five lawyers for that, why don't you pay what you owe and do the right thing?" Steely said to Behney.

Many residents said that whether they agreed with Behney's proposed restaurant or not, they want to see a revitalization of the downtown area. Palmyra Zoning Hearing Board Chairman Ryan Kelly said that at future hearings council members just need to decide if a liquor license should transfer or not.

"Borough council is going to have to consider restaurants in the central business district moving forward, and the hearings cannot go like this," he testified.

Council's decision

Council President Beth Shearer told the Lebanon Daily News that council members felt there were too many inconsistencies with Behney's testimony. Council members were also concerned with Behney not paying his taxes to the borough and issues related to parking.

After council voted on their decision, Behney thanked council members and told them "We'll see you at the appeal" before leaving the meeting.

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

This article originally appeared on Lebanon Daily News: Controversial liquor license transfer rejected by Palmyra officials