Latrobe eyes rules for smoke shops, convenience stores, sites with gaming devices

Latrobe is considering an ordinance that would set operating restrictions and establish permitted zones for smoke and vape shops and neighborhood convenience stores.

A second proposed ordinance would set guidelines for establishments operating gaming devices.

While gaming devices offering players payouts have been proliferating among businesses and clubs in Latrobe, City Manager Terry Carcella said development of a pertinent ordinance was prompted by the recent case of an applicant who wanted to set up a business in the downtown commercial zone that would be solely devoted to such games.

“Our city code does not account for this,” Carcella said of such a gaming facility. “We want to make sure we can regulate it in some manner.”

According to Carcella, because city zoning regulations lack a provision for such a use, it could have been considered only in the least restrictive industrial zone, so the city denied the proposed business operator’s application.

“The city has to provide for all uses,” he said.

That’s leading to a second proposed ordinance that would set forth rules for other types of businesses not accounted for by Latrobe’s zoning — namely, smoke and vape shops and neighborhood convenience stores smaller than 3,000 square feet.

The ordinances are available for review at the Latrobe municipal building. They will be the subject of a hearing before city council at 6:30 p.m. Monday, Jan. 13.

Under one of the proposed ordinances, “Some convenience stores may have a side area for games of skill or chance,” Carcella said.

According to the ordinance, businesses or organizations that want to operate a local gaming device — involving a game of chance or skill — would need to seek approval as a conditional use in one of several of the city’s commercial zones.

The devices would not be permitted in a C-1 neighborhood commercial zone.

Facilities with gaming devices that are in operation at the time the ordinance is passed may continue to operate as a non-conforming use. They will not have to obtain a conditional use permit.

Ordinance stipulations

Facilities with a local gaming device would not be able to locate within 1,200 feet of an existing facility with a similar device or of a school, day care center, community center, recreational facility, park, church, hospital or other site where children regularly gather.

Those under 18 would not be allowed to enter such a facility unless accompanied by a parent or guardian and would be prohibited from playing any of the gaming devices. The facility would be required to post signage to that effect as well as a license it would need to obtain from the city’s police department.

The facility would be prohibited from operating between midnight and 8 a.m. — or between 2 and 8 a.m., if it has a state liquor license and is in good standing with the Pennsylvania Liquor Control Board.

Alcohol consumption would be prohibited in the facility unless it has a pertinent state liquor license.

The number of gaming devices would be limited to five in a facility that holds a state club liquor license. There would be a maximum of three devices in a facility holding another type of state liquor license.

Gaming devices would have to be visible to a staff member at all times. But they would need to be in an area segregated from other uses in the facility including retail sales and the production, serving and consumption of food and beverages.

‘Gaming device’ defined

The proposed ordinance defines a local gaming device as a “mechanical, computerized or electrical contrivance, terminal, machine or other device that, upon insertion or payment of cash or cash equivalent as a wager, is available to play or operate one or more games, the play or outcome of which is determined by any element of either chance or skill, and that may deliver, or entitle the player to receive, cash or cash equivalent at the conclusion of one or more such games.”

According to the ordinance, such devices don’t include: a coin-operated amusement game; a lottery game; devices operated under state laws governing bingo games and small games of chance; devices used in multi-player video gaming competitions where the element of chance has no material effect on the play or outcome of the game.

Wording of the proposed gaming device ordinance was based on regulations in effect in other municipalities across the state.

Vape, smoke shop rules

A second proposed ordinance would jointly regulate vape shops, hookah bars and smoke shops/tobacco stores — along with neighborhood convenience stores.

Except for existing establishments, which would be exempt, those types of businesses would be considered a conditional use in any of the city’s commercial zones, including the neighborhood commercial zone.

New businesses in any of the mentioned categories would be prohibited from locating within 1,200 feet of an existing such business or of a site where children regularly gather.

Hours of operation would be prohibited between 2 and 6 a.m. for convenience stores, between midnight and 8 a.m. for the other categories of businesses.

The proposed ordinance defines a neighborhood convenience store as a retail store with a floor area of no more than 3,000 square feet that sells offsite use food, beverages, over-the-counter drugs, reading materials, household supplies or tobacco products.

The ordinance apparently would not apply to the Sheetz convenience store that is closed for reconstruction at Ligonier Street and Route 982. The revamped store is expected to cover more than 6,000 square feet.