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14 <br /> DRAFT <br /> 49 Cy Stober: Correct. <br /> 50 <br /> 51 Lamar Proctor: And if you wanted to do a new hemp stores or whatever, vape shop, you would have to do <br /> 52 a conditional zoning application? <br /> 53 <br /> 54 Cy Stober: Mm hmm. <br /> 55 <br /> 56 Chris Johnston: And if you wanted to make any changes to your existing hemp shop you'd have to <br /> 57 become in compliance, which means you'd have to come before– <br /> 58 <br /> 59 Cy Stober: That's correct, so you'd be regulated by Article 8 of the LIDO which is non-conforming <br /> 60 uses, and you'd have to bring it into zoning conformance, so you'd have to go through the public hearing. <br /> 61 <br /> 62 Lamar Proctor: If there's already a retail—because these places are generally part of a strip mall—if <br /> 63 there's already a strip mall but they don't have a vape shop, and we enact this, and now a vape shop wants to <br /> 64 come in, that whole parcel has to apply for a conditional zoning to allow that use. <br /> 65 <br /> 66 Cy Stober: The property manager would need to be the applicant or the co-applicant, that's correct. <br /> 67 I'll also remind you that this is in the County's jurisdiction so the unincorporated areas of the County, not the <br /> 68 municipalities. And it doesn't regulate the incidental sales of any of these products, so a convenience store on <br /> 69 any North Carolina highway can sell these products as part of their inventory. Yeah, they can have Snicker <br /> 70 bars and beers and pork rinds and these, and we can't do anything about that. <br /> 71 <br /> 72 Lamar Proctor: Electronic cigarettes and– <br /> 73 <br /> 74 Cy Stober: Exactly. <br /> 75 <br /> 76 Adam Beeman: That's not the majority of their sales. <br /> 77 <br /> 78 Cy Stober: The principal sales. So, as a land use matter we cannot, and this is, there's a lot of case <br /> 79 law nationally and at the state level about this, is we have to regulate the principal use and there are, like you <br /> 80 go back to adult uses, you cannot have an adult use as an incidental use on a property, but it does inform the <br /> 81 use of the entire property, but for retail purposes you really would have to demonstrate that it's the primary <br /> 82 purpose of that store is to sell these products. <br /> 83 <br /> 84 Lamar Proctor: I support this amendment because these shops are essentially selling marginally legal <br /> 85 items that—so I work in criminal law, so I see this where scheduled substances, Schedules 1-6, you get <br /> 86 around them by making analogs and various different things and that's what is sold at these places. I just say <br /> 87 that for what it's worth. <br /> 88 <br /> 89 Beth Bronson: To be clear, there is no tobacco retail use regulation is what you're saying? <br /> 90 <br /> 91 Cy Stober: Currently. <br /> 92 <br /> 93 Beth Bronson: Yes. So, this will be tobacco and hemp retail, so anybody who was selling tobacco and <br /> 94 not hemp would also be subjected to the same ruling? <br /> 95 <br /> 96 Cy Stober: Yes, so if we go back to the definition, it's retail. So, if it's any one of these three <br /> 97 products. <br />