View Single Post
Old 07-11-2011, 05:10   #20
Bren
NRA Life Member
 
Bren's Avatar
 
Join Date: Jan 2005
Location: Kentucky
Posts: 36,841
Quote:
Originally Posted by RussP View Post
Here's another one, Bren.

Let's say a license is issued, on Page 5, Paragraph (f) says the commissioner may deny an application for renewal if the license would have a deleterious impact on the health, safety or welfare of the community. It goes on to say a deleterious impact is presumed to exist whenever there have been a substantial number of arrests withing 500 feet of premises within the previous two years. What's "substantial"?

The kicker is the later the new ordinance references and includes the meaning of deleterious impact found in Chapter 4-60, The Deleterious Impact/Public Nuisance Ordinance: “Deleterious impact” means an adverse effect on the value of any property, an increased risk of violations of law, or a risk of a substantial increase in noise, litter, or vehicular congestion.
The whole thing has been carefully worded to intentionally allow arbitrary denials of permits, while having an argument to raise when it is challenged as unconstitutionally arbitrary. I suspect they used the word "substantial" too many times, and eliminated too much of the city, to withstand a constitutional challenge, but somebody will have to pay to find out. Essentially the whole regulations says that "if you can find any spot in Chicago that would comply with these regs, then we can give you a permit, if we want to.
__________________
Quote:
This is the internet - you will never learn to shoot here.
- Me, 2014.

Last edited by Bren; 07-11-2011 at 05:11..
Bren is offline   Reply With Quote