Pennsburg Council voted Tuesday to advertise an ordinance that would increase regulations on games of chance in the borough. Approval could end the lawsuit between the municipality and a business, according to Solicitor Mark Hosterman.

            After the meeting, Hosterman said the owner of the Pennsburg Mart, LLC, located at 738 Main St., favors the proposal. According to the solicitor, some minor revisions recommended by the business' attorneys have been incorporated into the ordinance.

            "It's a win-win," Hosterman said.

            Council approved the ordinance at the end of the meeting, following an eight-minute executive session to consider the issue. According to the solicitor, it limits the number of machines in convenience stores (five), restaurants (five with at least 30 seats and amusement halls or arcades (12). Hosterman said the ordinance also requires a $100 permit for each machine.

            Council is on schedule to approve the ordinance at the next meeting following a public hearing, according to Hosterman. He said that if the Pennsburg Mart owners agree to abide with it, a settlement stipulation could end their lawsuit.

            President Patrick Suter expressed his support for the ordinance because it provides the municipality more control over the implementation of games of chance. After the meeting he said he preferred to work with the business.

            "My father always said it's better to negotiate than litigate," Suter said.

            On or about Jan. 7 Stephen Wanner, the borough's code enforcement officer, viewed four Pace-O-Matic skill games installed at the store. He issued a violation the following day, according to the legal paperwork.

            One month later, the business filed an appeal. It claimed the presence of skill games does not convert the convenience store into a game room or indoor place of amusement that the machines are a standard component of a convenience store, and skill games are an accessory use. The appeal also sought relief, in the form of a variance, to permit skill games in the RC zoning district as alternative relief, according to the document.

            In May, the borough's Zoning Hearing Board voted unanimously to grant the appeal and overturn the borough's notice of violation. The following month, council voted to challenge the ruling.

            In a six-page, civil appeal filed earlier this month to the Montgomery County Common Pleas Court, they described the Zoning Hearing Board's decision as arbitrary, capricious and an abuse of discretion as a matter of law.

            Vice President Keith Goodwin and Members Richard De Angelis and Diane Stevens did not attend the meeting.

            In July, the Upper Perk Police Department responded to 728 total incidents. That includes 217 public services, 129 traffic details and 123 vehicle investigations.

            Its officers issued 70 warnings, 65 traffic citations, made four arrests, responded to seven false alarms at businesses, five non-reportable accidents and three reportable accidents, and issued two non-traffic citations.

            The department responded to 39 reported crimes. They included 13 incidents of shoplifting, seven for forgery/fraud/identity theft, five incidents of assault/harassment/stalking, four thefts, two narcotics violations, two incidents each of public drunkenness/disorderly conduct, and vandalism/criminal mischief. The officers also handled one borough ordinance violation, one DUI, one protection from abuse violation and one sex offense, according to information provided by Chief Joe Adam.