Rutter’s convenience store chain has lost another of its battles with Pennsylvania townships over its attempt to license and install video gaming terminals under the truck stop gaming provision of the state’s gaming expansion law.
Rutters already has three active lawsuits challenging refusals by local township zoning boards to approve the addition of VGTs to its locations. The latest suit was filed against West Hempfield Township over a zoning ordinance used to deny the VGT addition, which the company says was passed after it was licensed by the state Gaming Control Board to operate VGTs.
Last week, it was Strasburg Township, where the five-member borough zoning hearing board voted unanimously to deny an appeal by Rutter’s of zoning board denial of its VGT application. The board rejected zoning applications in January and February.
A written explanation of the latest denial is expected within two weeks, board solicitor Joseph Kenneff told the Lancaster Online website.
The board’s previous denial stated the borough zoning ordinance does not permit the machines as an accessory use to the store’s retail component or vehicle fueling stations.
A second request by Rutter’s sought to add video gaming terminals by adding a second principal use of the convenience store was denied by the zoning board in February.
Five applications in Lancaster County seeking the machines have received conditional approval from the board, including Rutter’s stores in West Hempfield Township, Strasburg Borough and Leola.
Rutter’s is engaged in lawsuits with all three municipalities, which the chain alleges are using their zoning laws to circumvent licenses from the state.
