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OLIMPIA FETFATZES AND J & M DOGS v. CITY PHILADELPHIA AND ITS DEPARTMENT LICENSES & INSPECTIONS (08/20/87)

decided: August 20, 1987.

OLIMPIA FETFATZES AND J & M DOGS, INC., APPELLANTS
v.
CITY OF PHILADELPHIA AND ITS DEPARTMENT OF LICENSES & INSPECTIONS, APPELLEES



Appeal from the Order of the Court of Common Pleas of Philadelphia County, in case of Olimpia Fetfatzes and J & M Dogs, Inc. v. City of Philadelphia and its Department of Licenses and Inspections, No. 4293 June Term, 1985.

COUNSEL

Jerome R. Balka, for appellants.

Flora Barth Wolf, Deputy City Solicitor, with her, Handsel B. Minyard, City Solicitor, for appellees.

Judge Colins, and Senior Judges Barbieri and Narick, sitting as a panel of three. Opinion by Senior Judge Narick. Judge Colins dissents.

Author: Narick

[ 108 Pa. Commw. Page 553]

Olimpia Fetfatzes and J & M Dogs, Inc. (hereinafter collectively referred to as Appellants) appeal from an order of the Court of Common Pleas of Philadelphia which denied Appellants' motion for preliminary injunction. We affirm.

The relevant facts are as follows. Appellants filed a complaint in equity on June 24, 1985 and a motion for preliminary injunction on June 25, 1985 seeking to enjoin the City of Philadelphia and the Department of Licenses & Inspections (hereinafter collectively referred to as the City), from prohibiting Appellants from operating their hotdog vending stands on Fourth Street

[ 108 Pa. Commw. Page 554]

    between Market and Chestnut Streets in Philadelphia. Appellants have been licensed by the City to conduct hotdog vending businesses for a number of years,*fn1 and have always conducted their hotdog vending businesses during this time on the sidewalks of Fourth Street between Market and Chestnut Streets.

In Philadelphia, all sidewalk vending businesses are regulated by the City. Section 9-205(3) of the Philadelphia Code provides that no person shall engage in the business of sidewalk selling without first obtaining a license. Once the license is issued, a sidewalk vendor may sell his goods at any location not specifically prohibited by Section 9-205(8)(p).*fn2

On February 14, 1985, Bill No. 463 (463) was introduced into the City Council and referred to the City Council's Committee of Licenses & Inspections.*fn3 The effect of 463 was to amend Section 9-205(8)(p) of the Code to add Fourth Street between Market and Chestnut Streets to the list of prohibited vending locations. On April 2, 1985, notice that a public hearing was to be held on 463 was published in four newspapers: The Philadelphia Inquirer, The Philadelphia Daily News,

[ 108 Pa. Commw. Page 555]

The Philadelphia Tribune and The Legal Intelligencer. On April 16, 1985, notice that 463 was reported from the Committee of Licenses & Inspections was published in the same four newspapers. The City Council passed 463 on April 25, 1985, and ...


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