Oe gs eg Christopher F. Wilson m= = Attomey LD. No. 73004 a 2215 Forest Hills Drive ~ Suite 37 "2 2 Harrisburg, PA 17112 us P: (717) 856-0410 == F: (717) 541-1527 = attorneychriswilson@gmail.com 1400 NORTH THIRD STREET : INTHE COURT OF COMMON PLEAS ENTERPRISES, INC., : DAUPHIN COUNTY, PENNSYLVANIA. Appellant Pile NO: 2015 CV 6868 - + 2016 CV OO109 “mp v CITY OF HARRISBURG LICENSE AND TAX APPEAL BOARD Appellee TO THE HONORABLE ANDREW H. DOWLING, JUDGE OF SAID COURT: EMERGENCY MOTION FOR A STAY OF PROCEEDINGS AND NOW, comes, 1400 North 3" Street Enterprises, Inc. (hereinafter “1400 North 3" Street” and “Appeliant”), by and through undersigned counsel, who respectfully requests this Honorable Court to Order a stay pending the appeal of the non-renewal of the Appellant’s ‘business privilege and mercantile license, and in support thereof, avers the following: 1. On August 31, 2015, the Appellant filed an Appeal from a decision by the Harrisburg License and Tax Appeal Board dated August 28, 2015, which denied the Appellant's appeal from Business Privilege and Mercantile License revocation matter.2. On August 31, 2015, the Appellant also sought this court to enjoin and/or stay the City of Harrisburg’s revocation of the Appellant's business privilege and mercantile license. 3. On September 2, 2015, this Honorable Court issued an Order which enjoined the City of Harrisburg from revoking the Business Privilege and Mercantile License of the Appellant. 4, On September 14, 2015, after counsel appeared before the Court, this Honorable Court issued an Order further granted a stay and supersedeas of the revocation of the Appellant’s Business Privilege and Mercantile License, 5. On October 9, 2015, the parties appeared before Your Honorable Court and argued their respective cases conceming the appeal of the License and Tax Appeal board decision. 6 OnDecember 15, 2016, on a Tuesday night at approximately 8 PM, an individual named Glenn G. Walker, III (named by the City) a person the video of the event showed had been in the Appellant's business for approximately 30 seconds, and had not ordered any food or ink, shot a weapon several times while he was on Calder Street near the Appellant's business site (fortunately, unlike many other City establishments, nobody was actually shot in this incident). 7. On December 16,2015, the Harrisburg City Solicitor announced that the City ‘would not be renewing the Appellant's Business Privilege and Mercantile License and that the Appellant would be cited for violating the local ordinance where a penalty of up to a $600 fine per day (the violation also carries a potential of up to 90 days of incarceration). See Attached Exhibit A.8. While news reports indicated that an altercation happened inside the Appellant's business, the video from that incident shows that the perpetrator of the incident had only briefly been inside of the bar, where the video showed that no altercation occurred on site, and the perpetrator had waited in the middle of Calder street after which the altercation and shots ‘occurred outside of the business. 9. Asnoted in multiple filings, the since April of 2015 Appellant has offered the City of Harrisburg and its police department the ability to tap into the Appellant’s Security Camera system in real time, and for recording purposes, 10, The City, via counsel, has rejected that offer at least five times. 11, Despite the City’s apparent lack of interest of having the 24/7 full access the Appellant's video cameras, the City of Harrisburg Police requested the video surveillance the next day from the Appellant, 12, The Appellant fully complied with the request. 13. Nevertheless, because the City rejected the offer from Appellant, City officials, did not review events from the video until more than 12 hours after the incident. 14, As of the most recent prison list viewed by counsel, the alleged perpetrator of this offense is still at large 15. OnDecember 18, 2015, because of the statements from City Officials, undersigned counsel filed an Emergency Motion for a Stay. 16. OnDecember 23, 2015, this Honorable Court issued an Order denying relief to the Appellant due to the fact that the controversy was not yet ripe since the Appellant had actually not yet received the Notice of Non-Renewal. See Attached Exhibit B.17. While the matter was not yet ripe, this Honorable Court noted that the “Appellant is entitled to due process with regard to the license for non-renewel.” 18. On December 28, 2015, undersigned counsel received the Order. 19. On December 28, 2015, undersigned counsel contacted the City Tax & Enforcement Office and asked whether any non-renewal had been sent out to the Appellant, 20. The City emailed that Notice of Non-Renewal on December 28, 2015. 21, On December 28, 2015, after receiving the Notice of Non-Renewal, the Appellant filed its Petition for Administrative Appeal. 22. On December 28, 2015, the Appellant asked the City and the Tax and Appeal Board for a Stay pending, at a minimum, the scheduling of a requested hearing before the Board. 23. This request came in three separate forms (a letter to the City, an email to City Officials, and within the body of the Administrative Appeal). 24, — The City did acknowledge that as the Appeal was filed and the fact that the Notice of the Non-Renewal was only sent December 28, 2015, the City would permit the Appellant’s ‘business to remain open until January 7, 2016. 25. On January 4, 2016, as Ordered by This Honorable Court, the parties met in chambers for a status conference. 26. The City indicated that any decision concerning a stay would be rendered by the Board. 27. — The City also, for the first time, identified the appointed Solicitor of the Board, Steven A. Stine, Esquire. 28. On January 4, 2016, via a letter sent by email, Appellant requested a stay for a fourth time.29. On January 5, 2016, via a letter sent by email, the Board, through counsel, stated that it would not be possible to timely consider the request for the stay and also indicated that the request for a stay may be pursued with Your Honorable Court. See Attached Exhibit C. 30, Previously, during the revocation of 2015, the City and Tax Appeal Board had provided a stay of the revocation of its license pending the hearing before the Board. 31. The Appellant has purchased a building on Herr and Cherry Streets in Susquehanna Township to potentially relocate. 32. The arbitrary actions undertaken by the City, where during the pursuit of its original case it presented only one example that, if believed, where a criminal episode Gavestigated as a Summary Offense Harassment) occurred inside of the Appellant's establishment, and any adverse decision by this Court puts in jeopardy the renewal of the ‘Appellant's liquor license (a license worth approximately $150,000). 33, ‘Thus, the original matter is not moot for the purposes of the Appellant's constitutionally protected reputational interests, and from the practical standpoint that a determination by this Court that the incidents presented by the City in its revocation matter did not support the original Board’s Opinion by substantial evidence would enhance the prospect that the Appellant’s liquor license will be renewed so that it may be moved to Susquehanna Township (a non-renewal by the Liquor Control Board would cause a loss of a $150,000 asset). 34. There are numerous businesses located in Harrisburg (some which sell alcohol) where people were actually shot and either killed or wounded in 2015 — but those other establishments are allowed to continue to operate by the City.35, Indeed, there is one Harrisburg establishment where three shootings (where people were actually wounded) have occurred inthe past year ~ and the City is permitting that business to operate without interference, revocation or non-renewal ofits license. 36, The Appellant's establishment is across the street from a new art museum, wich is apparently failing, a short distance from City officals’ business and residential properties. 37. If the City is required to act consistently, and in a non-arbitrary manner, which ‘Appellant submits it must do under the law, it would appear thatthe City would not prevail on a non-renewal specifically targeting the Appellant because of the City’s failure to first address sumerous City establishments where serious crimes actually occurred on site. 38. ‘The License to Operate the Appellant’s business is a valuable property right ~ 2 property right where it is uncontested that more than $400,000 has been invested by the Appellant. 39, The verified averments in Appellant's two previous recent filings Emergency Motion of December 18, Supplement of December 28) have not been denied by the City, despite ample time to do so, so they should be deemed admitted by Your Honorable Court. 40, Those verified fact, if taken as true, clearly would legally establish grounds for a stay pending action by the Board. 41. Without a stay the business will close, the Appellant’s employees will be without work, and there will be no earnings on the valuable property interest invested by the Appellant. 42. The closure of the Appellant's business may make it difficult move its liquor license. 43. Out of an abundance of caution, though Appellant believes it is not necessary since the City has not filed any opposition papers to the Appellant's recent filings, and because‘the Appellant believes that the events of December 2015 through January of 2016 are inextricably tied in numerous ways to the prior revocation matter, the Appellant has filed an appeal of the Board’s decision not to convene to consider a request for a stay in a timely manner. See Attached Exhibit D. 44. Since the City and the Board have not granted a stay, but have indicated that such a decision would be for Your Honor, itis believed that they do not specifically concur in the granting of a stay ~ though the City and the Board has not filed anything in opposition. WHEREFORE, Appellant respectfully requests that this Honorable Court stay the non- renewal of Appellant’s license and any enforcement by the City until the date of a hearing to be set by the City's Tax and Appeal Board. Respectfully submitted, i F, Wilson, Esquire ttorney LD. No. 73004 215 Forest Hills Drive — Suite 37 Harrisburg, PA 17112 (717) 856-0410 (phone) (717) 541-1527 (fax)CERTIFICATE OF SERVICE 1, Christopher F. Wilson, hereby certify that Thave on this day caused to be served a true and correct copy of the foregoing Emergency Motion upon the persons and in the manner indicated below: 1d Delivery as follows: Neil Grover, Esquire Steven Stine, Esquire City of Harrisburg 10 North Second Street Harrisburg, PA 17101 Lye jopher F. Wilson January 6, 2016Verification 1, Christopher F. Wilson, hereby verify thatthe statements set forth in the foregoing Emergency Motion are true and correct to the best of my knowledge, information, and belief. understand that the statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unswom falsification to authorities. Gf EExhibit AExhibit B1400 North Third Street Enterprises, INC.,, : INTHE COURT OF COMMON PLEAS Appellant : DAUPHIN COUNTY, PENNSYLVANIA : 2 NO. 2015 CV 06868 CV eres oe he Ei : @ CITY OF HARRISBURG LICENSE AND: cali TAX APPEAL BOARD., : Appellee eo ORDER AND NOW, this? day of December 2015, upon consideration of Appellant's ‘Emergency Motion of the Continuation of a Stay Pending Appeal, TT IS HEREBY ORDERED that Defendant's Motion is Denied. Appellants claim for relief is not ripe for adjudication, because it rests upon contingent future events that may not ‘occur as anticipated, or indeed may not occur at all. ‘While the City may have announced an intention to refuse to relicense Appellant's business, that failure to renew has not occurred. “Appellant is entitled to due process with regard to the license non-renewal; however, the City of ‘Harrisburg has not taken any official action regarditig Appellant's license renewal, sfid Appetlant ~ acknowledges the City cannot do so until January 1, 2016, BY THE COURT: SS JUDGE ANDREW H. DOWLINGExhibit C23 Waverly Drive Law Office phone: 717.903.1268 Hummelstown, PA 17036 of. fax. 717.583.2943 Steven A. Stine email: stevenstine@attret January 5, 2016 Law Office of Christopher F. Wilson Northwood Office Center 2215 Forest Hills Drive, Suite 37 Harrisburg, PA 17112 Re: Request for Stay —Non-Renewal of License 29834-9 Dear Mr, Wilson: Thave forwarded a copy of your appeal in the above-referenced mater, as well as your letter of January 4, 2015 requesting a stay pending disposition of the appeal, to the members of License and Tax Appeal Board. I have heard from two of the three Board ‘members that it will not be possible for the Board to schedule a meeting to consider your request for a stay in a timely manner. Accordingly, you may pursue your request for stay with the Duophin County Court of ‘Common Plees. If you have any questions or need further information, please contact me, Sincerely, ‘A. Stine, Solicitor City of Harrisburg License and Tax Appeal Board ‘06: Neil Grover, EsquireExhibit D1400 NORTH THIRD STREET IN THE COURT OF COMMON PLEAS ENTERPRISES, INC., DAUPHIN COUNTY, PENNSYLVANIA Appellant NO: v. LOCAL AGENCY APPEAL CITY OF HARRISBURG LICENSE AND TAX APPEAL BOARD Appellee NOTICE OF APPEAL, Notice is given that 1400 North Third Street Enterprises, holder of License No. 29834-9, hereby appeals from the January 5, 2016 decision of the City of Harrisburg License Tex and ‘Appeal Board's decision to not meet and provide a stay ina timely manner concerning the appeal of the nop-renewal of the Business Privilege and Mercantile License of 1400 North Third Street Enterprises. A Copy of the Boards decision is attached. Respectfully St Christopher F. Wilson, Esquire ‘Supreme Court LD. 73004 2215 Forest Hills Drive - Suite 37 Harrisburg, PA 17112 P: (717) 856-0410 F: (717) 541-1527ty Drive Humnmelstown, PA 17036 phone: 717.903.1268 san ree fax 717.563.2943 Steven A. Stine ‘emai: stevenstine@at net January 5, 2016 Law Offfice of Christopher F. Wilson. ‘Northwood Office Center 2215 Forest Hills Drive, Suite 37 Harrisburg, PA“17112 Re: Request for Stay ~ Non-Renewal of License 29834-9 ‘Dear Mr, Wilson: have forwanded a copy of your appeal in the-shove-referenced matter, a3 well ¢s your letter of January 4, 2015 requesting a stay pending disposition of the appeal, t0 the members of License end Tox Appeal Board. I have heard from two of the three Board eae eal ot be posuble forthe Boar to schedle a meting o consider your request for-a stay in a timely manner. Accordingly, you | ‘you may pursue your request for stay with the Dauphin County Court of ‘Common Pless. If yoo have any questions or need further information, please contact me. fA. Stine, Solicitor City of Harrisburg License and Tax Appeal Board cc: Neil Grover, EsquireCERTIFICATE OF SERVICE 1, Christopher F. Wilson, hereby certify that I have on this day caused to be served a true so crc on ft fesing Nao of Ape pen te pnt nd in mane add i: Service Via Hand Delivery as follows: Neil Grover, Esquire Steven Stine, Esquire Harrisburg, PA 17101 Cflz— _ Christopher F. Wilson January 6, 2016CERTIFICATE OF SERVICE 1, Christopher F. Wilson, hereby certify that I have on this day caused to be served a true and correct copy of the foregoing Emergency Motion upon the persons and in the manner indicated below: Neil Grover, Esquire Steven Stine, Esquire City of Harrisburg 10 North Second Street Harrisburg, PA 17101 January 6, 20161400 NORTH THIRD STREET : INTHE COURT OF COMMON PLEAS ENTERPRISES, INC., : DAUPHIN COUNTY, PENNSYLVANIA Appellant : NO: 2015 CV 6868 ~ Re 206 CY oojoy MP v. CITY OF HARRISBURG LICENSE AND TAX APPEAL BOARD. Appellee ORDER AND NOW this __ day of January, 2016, upon consideration of the Appellant's Emergency Motion for a stay pending appeal, IT IS HEREBY ORDERED that the Appellant is granted a stay pending further actions by the License and Tax Appeal Board and Appellee and the City of Harrisburg is enjoined from any license non-renewal or enforcement proceeding against the Appellant and the Business Privilege and Mercantile License of 1400 North 3" Street Enterprises, Inc. BY THE COURT: Distribution: Christopher F. Wilson, Esquire, 2215 Forest Hills Drive ~ Suite 37, Harrisburg, PA 17112 — via facsimile (717) 541-1527 Neil Grover, Esquire, 10 North 2 Street, Harrisburg, PA 17101 — via facsimile (717) 255-3056 Steven A. Stine, Esquire 23 Waverly Drive, Hummelstown, PA 17037 — via facsimile (717) 583-2943