CRANBERRY TWP — The legitimacy of skill games was at the center of a lengthy dialogue at the township supervisors’ Thursday, Aug. 27, agenda preparation meeting.

Supervisors held a public hearing about a conditional use application filed by Skill Games 777, an amusement arcade in Excel Center at 20455 Route 19. The company seeks permission to use eight “amusement devices” in its existing space.

The application is the third of its kind submitted by the business.

The hearing covered whether the request was in compliance with the June 15 state Supreme Court ruling that skill games are slot machines governed by the state’s Gaming Act and Crimes Code.

The applicants, John Conley and Khurram Ali, were represented by David Nernberg. Conley is the owner of Skill Games 777 and Ali is the owner of the Domino’s Pizza next door.

The township was represented by Neva Stotler, an employment and labor law attorney with N. Stotler Law. Since the hearing deals with a state Supreme Court decision — legal matters beyond the township ordinance — Stotler was brought in instead of the township solicitor, according to Dan Santoro, township manager.

“I know on the agenda, we have this closing for consideration at the Sept. 3 meeting,” township solicitor Michael Palombo said. “It may not be until the October meeting when we make our decision.”

Parties have until Sept. 15 to submit posthearing reports or proposals, though a submission is not required. The additional time will allow for those submissions, he said.

The township has an agenda preparation meeting scheduled on Sept. 24 and a voting meeting the following week on Oct. 1.

Skill Games 777 currently operates as an amusement company. Currently, the eight devices are operating at the business’s location.

Skills games players must be at least 18 years old to legally play, according to state law. Conley said there is no staff currently checking IDs, although there is surveillance at the store.

Several past documents, agreed upon by both parties, were presented to township officials at the beginning of the hearing.

Stotler called upon Connor Mack, the township’s manager of development and code services, as a witness.

Mack said, as someone who knew of the lot’s prior occupants, he noticed the signage change at the store to Skill Games 777 in January 2024. After a discussion with staff, a notice of violation was issued later in the month for failing to meet permitting requirements, he said.

The notice was issued to Khurram Ali, the owner of the Domino’s Pizza and of the property both where both businesses are located. Ali told the township the tenant would apply for a permit. However, the application did not come through and a second notice was issued in April, Mack said.

“They applied for their nonresidential zoning application, which is required for any business operating in the township,” he said.

The township decided the store was classified as an amusement arcade and directed the business to apply for a conditional use permit.

Skill Games 777 also did not comply with the township’s recommendation to apply for small retail use permitting and there was no correspondence after that, Mack said.

A third notice violation was issued in September. After the period on the violation expired, Mack issued a non-traffic citation, which is still open.

Ali only discovered the citation was open in February, according to Mack.

The township’s Planning Advisory Commission recommended voting against a previous conditional use application from the business, said Mack.

Nernberg said his client’s request meets all requirements of the township’s zoning ordinance and current Pennsylvania law.

“The only issue with regards to this condition was the number of partner spaces in the shopping center,” said Nernberg. “However, we obtained a variance for relief from that part of the requirement, which would allow this space to have eight amusement devices.”

Nernberg said the Supreme Court order specifically provides a 120-day window of inaction from June 15, when the decision was made.

“Our request is being conflated with the Supreme Court case,” he added. “If you review your code, skill games are defined as amusement devices in your zoning code.”

Nernberg said if the devices become officially illegal in the near future, they can be easily replaced with something else.

Stotler noted the devices called skill games are “money machines” which involve winning and losing. Winners take cash home by withdrawing cash from a separate machine. Stotler compared Nernberg’s case to a “horse is out of the barn argument,” noting the machines are already being used at the arcade.

“This isn't someone who came in, Googled ‘how do I do a conditional use in Cranberry Township?’ or asked ChatGPT, ‘How do I get a permit in Cranberry Township?’ which both will yield results,” said Stotler. “They just went about what they wanted.”

As for the Supreme Court decision, Stotler said the 120-day window will not change the fact the devices have been deemed to fall within the purview of gambling regulations.

“That 120 days isn't gonna change that unless the legislature steps in and changes the law,” said Stotler.

She added the township does not have the ability to provide use for something the state has deemed illegal.

“Municipalities can only do what the legislature permits them to do by statute,” she said.