opponents of the kenney administration to tax sugary sodas and juices surrounded city hall this morning. the mayor wants a 3-cent per ounce tax to raise money for pre k programs, schools and rec center repairs. but protesters say it will stop consumers in all of philadelphia's neighborhoods especially in the low income ones. city council members are considering a number of alternatives including a lower tax rate on sugary drinks that might even include diet sodas. at this hour, lawmakers are still behind closed doors trying to find some kind of compromise can get the kenney administration the money it needs for these key programs. >>> young man is gunned down in the parking lot of norristown mcdonald's and now police are on the hunt for the killer who shot the victim six times. sabina kuriakose is live outside the restaurant writ all went down after speaking to witnesses. sabina. >> reporter: i did, iain. in fact, they tell me that when all of this happened, there were customers eating inside of the restaurant when shots rang out outside. donation bin a busy gas station and the mcdonald

they are angry with hillary clinton, labeled a fascist and the kenney administration. >> we know that the city is a one party dictatorship. we are here to protest specifically the democratic party. a party of slavery and jim crow. >> last year the mayor signed a bill decriminalizing disorderly conduct. protesters are unmoved and saying the city is planning for mass arrests and being ambiguous on where and when the protests will be permitted. mayor kenney says the city has no desire to do mass arrests. long time organizer sherry says she has gone to court over a permit denial by the city. >> we are so beyond disgusted at the games that the city is playing. >> reporter: so her organization in federal court one of three groups denied a protest permit. 21 applications so far eight approved three denies and others listed as pending. they are work ago and the pending issue you but it talked time to work out the time and place details. if you want the list and their status go to our website at 6abc.com. live in center city, john rawlins, channel 6 "action news." >> thank you. >>> the 2012 at

the kenney administration admi admitting it intends to divert some of the refer ren into the city's generalund. >> ours before the vote we find out this money isn't being ear remark largely for children and education program. it doesn't seem like an honest debate was had. >> you cannot tax one industry out of existence. when scales go down with lose jocks. we lose positions out of this. >> reporter: philadelphia would be the first major city to adopt attacks on sugary drink. >> say no! >> beverage industry led a heated protest wednesday afternoon just ahead of marathon session of testimonials in council chambers before council made its decision. >> simple reality we fix the pre k we don't fix the philadelphia school district problems it's not going to benefit us in the long run. i don't want to us get lost in the euphoria. >> reporter: well the sugary drink tax will be up for final vote on june 16th. we're live here at city hall tonight. natasha brown, cbs3 "eyewitness news". >> now that the sure garey drink tax cleared another hurdle toward adoption plenty of people have a lot to say about

the kenney administration admi admitting it intends to divert some of the refer ren into the city's generalund. >> ours before the vote we find out this money isn't being ear remark largely for children and education program. it doesn't seem like an honest debate was had. >> you cannot tax one industry out of existence. when scales go down with lose jocks. we lose positions out of this. >> reporter: philadelphia would be the first major city to adopt attacks on sugary drink. >> say no! >> beverage industry led a heated protest wednesday afternoon just ahead of marathon session of testimonials in council chambers before council made its decision. >> simple reality we fix the pre k we don't fix the philadelphia school district problems it's not going to benefit us in the long run. i don't want to us get lost in the euphoria. >> reporter: well the sugary drink tax will be up for final vote on june 16th. we're live here at city hall tonight. natasha brown, cbs3 "eyewitness news". >> now that the sure garey drink tax cleared another hurdle toward adoption plenty of people have a lot to say about

kenney administration says it intend to divert some revenue in the city's general fund. >> hours before a vote that we find out that this money isn't being ear mark largely for our children and education programs, i mean it doesn't seem like an honest debate was had. >> you cannot tax one industry out of existence, when the price of soda goes up, sales go down and when sales go down, we lose jobs. we lose positions out of this. >> reporter: philadelphia would be the first major city to adopt a tax on sugary drinks. the beverage industry led a heated protest wednesday afternoon, just ahead of the marathon session of council chambers testimony, before council made its decision. >> the reality is for prek we don't think philadelphia school district problem. it will not benefit us in the long run. i don't want to us get lost in the euphoria. >> reporter: sugary drink tax will be up for a final vote on june 6th, event and council president tells us he believes it will be adopted. at city hall, natasha brown for cbs-3 "eyewitness news". >>> reaction to the sugary drink taxis strong along sit

. >> reporter: many are skeptical especially after the kenney administration admitted that some revenue will be diverted to the cities general fun. >> hours before a vote that we find out this money isn't being ear mark largely for our children and education programs, i mean it doesn't seem like an honest debate was hat. >> you cannot tax one industry out of existence. when price of soda goes up, sales goes down and when sales go down we lose jobs. we lose positions out of this. >> reporter: the beverage industry all the way up until last night's vote, business owners equally worried the tax will drive customers out of town a sentiment echoed by some consumers. >> i will leave philly to go get something more cheaper if it cost me cheaper and save me money. >> reporter: this is a tax on the drink manufacturers, not the individual products within the stores and at this point it is unclear if that cost will trickle down to consumers but it is a legitimate concern. final vote on this increased taxis scheduled for june 6th, event. reporting live from center city, jan carabao for cbs-3 "eyewi

. >>> critics of the kenney administration sugary drink tax crying foul over bait and switch. >> cityouncil members gave preliminary thumbs up to the tax on regular and diet sodas as well as sugary drinks. kenney pitched the tax as a money maker for expanded pre k programs. some council members were blind sided by the news that over the next five years, $24 million of that revenue will go towards insuring up the city's general fund balance. sort of a rainy day fund. mayor kenney tells our bruce gordon the numbers were all there for council members to s see. >> first of all, it's about 6% of the 400 million being used for the fund balance but the fund balance is something that exists -- this is kind of a semantic argument being used at the 11th hour by the soda industry and by some opponents of soda tax for keeping it from happening. it will happen on thursday. our kids will get pre k and our neighbors will get rec centers and libraries and parks. >> the mayor expects final to give final approval to the tax next thursday. >>> local military member spending first night in a brand new ho

. >> reporter: if you thought city council final passage of the kenney administration's sugary beverageack was the end of the story, and the beginning come january 1st of sky rocketing prices for some of your favorite drinks, well not so fast. for starter starters opponents of the levee on inch ounce of soda say they will sue the city claiming the mayor had no right to target a specific industry. specific products. >> the city knows that when it wants to levee a new type of tack it needs to go to harrisburg to get approval. >> reporter: state legislatur legislature. >> exactly. get approval from the state legislature. >> reporter: in this case? >> in this case the mayor didn't. he said that he already had the authority and we disagree with that. >> reporter: mayor appearing friday morning with radio host john dubella insisted his administration is prepared for a court fight. >> our law department is confident they can defend this and issued pins that say that we can defend it, and we think we can defense it. we wouldn't have moved forward with it the way we did. >> reporter: that's assu

. >>> also critics of the kenney administration's sugary drink tax are crying foul, over what they say was a bait and switch. council members gave their thumbs up to the tax on regular and also diet sodas as well as sugary drinks. now mayor has pitched the taxes are a money make tore expand prek programs for children but you some council members say they were blind sided by news over next five years a portion of the 24 million-dollar will go toward helping the cities general fun, a rainy day fun. mayor kenney says numbers were all there for council to see. >> first of all it is about 6 percent of the 400 million that is being used for fund balance. this is a semantic argument being used at 11th hour by soda industry and by some opponent of the soda tax in council to keep this from happening. it will happen on thursday. our kid will get prek community schools and neighbors will get improved recreation center libraries and parks. >> final approval is expected next thursday. >>> time is still ahead, police make an arrest in the the case of road rage that ended in gunfire whom they say got

protesters once again expressing their displeasure over the kenney administration's plan to tax sugary drinks and juices at 3 cents per ounce. the money raised would fund pre k programs, community schools and rec center repairs but it could dramatically impact the cost of many popular drinks and hit low income families hard. things were just as raucous inside as they were outside. lawmakers are considering a variety of compromise measures including a lower tax rate that might include diet sodas. council would like to pass some kind of measure out of committee so it can gain final passage of the tax by next thursday. we're on the scene. we will bring you the latest as it continues to develop. >>> also developing to night in norristown, police are trying to piece together a deadly shooting a man was shot several times in the parking lot of a mcdonald's there. fox 29's sabina kuriakose following the investigation. sabina you folk with someone who heard the gunfire? >> reporter: i did spoke with witness dawn and she heard several gunshots ton night we know police are saying this victim die

. >> many are still skeptical after the kenney administration admit that had some revenue will be divertedthe cities general fun. >> hours before a vote that we find out that this money isn't being ear mark largely for children and education programs. it doesn't seem like an honest debate was had. >> you cannot tax within industry out of existence. when the price of soda goes up, sales goes down and when sales go down we lose jobs. we lose positions out of this. >> the beverage industry all the way up until last night's vote, business owners equally word i had that the tax will drive customers out of town. sentiment echoed by some consumers. >> i will leave philly to go get the something more cheap if it cost me cheaper and save me money. >> reporter: this is a tax on drink manufacturers not individual products within the stores. the right now it is unclear how this cost might trickle down to the consume are but obviously it is a legitimate concern. final vote on this tax increase is scheduled for june 6th, event. we are reporting live, from center city, jan carabao for cbs-3 "eyewitness n

provide to universal pre k, mayor kenney says, that this tax will provide 2,000 seat for pre k to open up, in january, of 2017 big fight for them. nutter administration tried to pass this twice, but this tax again is one and a half cents for every ounce of beverage which includes sodas, diet sodas, any sugary drinks less than 50% juice or milk. we're prepared for sure, been talking with our law department, which is extremely capable of handling this situation. going forward, nothing has been filed yet. so hard to comment on something that's not happened. but we're prepared to fight it. >> preparing lawsuits because they say this tax is a sales tax, and they say it is not legal. meanwhile, this tax, if all goes according to plan, it will start collecting it in january of 2017. but we will have muff more of this story tonight at 5:00 and 6:00. live from city hall, trang do, cbs-3, "eyewitness news". >> thanks a lot, frank. warminster police trying to track down tire slasher. greg argos joins us from laugh early chevrolet to tell us how many car own remembers affected, and why police they have good shot of catching the culprit. greg? >> good afternoon,

and not only would continue a big win for his administration, it would set a precedent across the country. smart center's mayor jim kenney's latest stop as he pushes expansion of pre-k through the passage of the soda tax. it's money the owner hopes to use to get 55 to 60 kids off the waiting list and into her classrooms. >> the only money that comes through the state is ccis money, subsidy. no other funding. >> reporter: under the proposal, distributors would have to pay a 1.5 cents-per-ounce tax on sugary beverages including flavored water and sports drinks. the majority of the money will be used to expand pre-k and improve recreation centers and libraries. >> we've gotten criticism that not -- you've get toen criticism that not all the money is going to children or rec centers. >> the criticism is from the soda industry. they're did desperate. >> reporter: more than 10% of the money will go toward projects like the retrial of juvenile offenders and african-american museum, some late addition by council members to get them on board. >> i want to know if they're going to do what they say they're going to do. actions speak