Rutter’s is appealing rulings that prevents it from installing video gambling machines at its Strasburg Borough store.
The borough’s zoning hearing board Jan. 21 rejected Rutter’s special exception request for the machines as a commercial use it alleged was not provided for in Strasburg’s ordinance.
A second proposal by Rutter’s for a separate special exception as an “amusement arcade” as a principal use at its Strasburg store was denied Monday night.
Rutter’s filed an appeal Thursday in Lancaster County Court.
The company seeks to install the machines at its location at 405 Historic Drive, as well as its stores in West Hempfield Township and Leola.
Strasburg’s zoning hearing board released the reason it rejected Rutter’s first request 10 days after making its ruling. The board said video gaming terminals are provided for in the zoning ordinance in the use of an “amusement arcade, as a game of skill or chance” but are not permitted as an accessory use to Rutter’s operation as a retail establishment.
In its appeal, Rutter’s claims Strasburg’s zoning ordinance “contains no provisions for the establishment of any legal form of gambling.”
Lawyers for Rutter’s also contend the zoning hearing board “incorrectly interchanged” the definitions of the state law legalizing such machines at large truck stops and the zoning ordinance, as well as incorrectly determining that video gaming terminals are “amusement devices.”
A written decision explaining the second denial will be issued within 30 days, according to an assistant zoning board solicitor.