From: whs70@dancer.uucp (22501-sohl)
Newsgroups: misc.legal
Subject: Re: Can't I start a business in this town?
Date: 11 Oct 92 23:13:47 GMT
Organization: Bellcore, Livingston, NJ

In article <14250006@hpmwmat.sr.hp.com> mikep@hpmwtd.sr.hp.com (Mike Powell) writes:
>	In reference to laws regulating what types of business may
>	be allowed to 'do business':
>
>	I am considering running a 'paintball' business in my town.
>	This is a game where people shoot paint-pellets from air-guns
>	in an 'adult' game of "tag".
>
>	I am told that the supervisors in my town probably won't
>	allow me to operate such a business because they don't
>	like the game.  They think it's too agressive, so of course
>	they don't want anyone else to play it either.
>
>	This seems a bit oppressive to me....  
>
>	What rights do I have WRT owning and operating a legitimate business
>	in America?   I know of a few adult bookstores in this town.
>	And I can get porn flicks from every video rental place in town,
>	but I bet the supervisors can't even touch those businesses.

As a councilman (supervisor) in my home town, I don't see what the
supervisor board would have to say in the matter.  In all probability
you would follow a procedure that involves applying for the appropriate
building permits, etc. related to the the property on which you
will have the business.  It may be that to proceed with that process
you will have to make application to the town's planning board (or
equivalent).  Prior to making any application for your business, you
should investigate what the existing zoning is for the property and
what limitations the existing zoning may include.  Odds are there 
isn't any specific reference to "paint ball' businesses so it may
be that the business would then just fall into a "general" catagory
of commercial business, etc.

The only way I can see the "supervisors" being involved in the
process is if they make an effort to pass a law/ordinace prohibiting
"paint ball" businesses.  That isn't likely to happen until you make
some initial effort to start the business through whatever the 
application process may be for your town.

>	Can I bring suit against them? (which I would HATE to do)

Certainly, but that would only be after they took some action to 
prohibit your business as mentioned above.

It would seem to me, based on the legal advice our township
attorney has discussed with us, that banning "paint ball" would
have to be based on reasonable goals for the public good.  For
me, I can't see anything benefiting the public by banning a 
business that people are willing to spend money on.  Banning
"paint ball" just because they (the supervisors) don't like
the sport/game wouldn't be an easily defendable position if
it went to court.

This is my opinion, not legal advice, I suggest you consult
a local attorney to help you with your applications, etc.

Standard Disclaimer- Any opinions, etc. are mine and NOT my employer's.
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Bill Sohl (K2UNK) BELLCORE (Bell Communications Research, Inc.)
Morristown, NJ             email via UUCP      bcr!dancer!whs70
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