Board debates draft amusement-tax and skill‑slot rules as zoning staff confirms smoke‑shop permit at 600 Gouter Street

Upper Yoder planning staff told the supervisors they had issued a certificate of occupancy to a tenant at 600 Gouter Street who operates a convenience-store smoke shop with several skill‑slot machines. The planner explained the property is in a C‑1 commercial district where a retail store is a permitted use, and that the township’s current zoning does not separately regulate smoke shops or impose a cap on tobacco-related retail inventory.

At the same time, staff presented a draft amusement‑tax ordinance (potentially ordinance 296) intended to levy an annual fee on businesses operating a small number of amusement or skill machines. The draft would set tiered flat annual rates for one to five machines, one to 10 machines, or 20 or more, and would require businesses to register machines and provide serial numbers for enforcement.

Planning staff warned that if the state adopts and deploys state‑issued slot machines, that change could complicate local enforcement; supervisors discussed the difficulty of retroactive regulation and the legal limits of municipal ordinances. The planner said municipalities can design enforcement through licensing and registration and can use serial-number tracking to detect unregistered or swapped machines.

Board members directed staff to continue drafting the ordinance and noted that any final proposal will need legal review and public hearings. The planner also recommended the board consider whether to limit certain adult-oriented or skill‑game uses by zoning category; any such change would require formal ordinance amendments and public process.

No formal ordinance was adopted at the meeting; staff said they will return with a refined draft for solicitor review and scheduling of public input sessions.