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19 <br /> DRAFT <br /> 293 then to Beth's point, if they really wanted it they could just get creative and so, 51 percent paper mach6 and <br /> 294 then other 49 percent of their profit. They can get around it if they really wanted to, but you're trying'to make it <br /> 295 as difficult as possible, so I guess that's where we're at. <br /> 296 <br /> 297 Chairity Kirk: Do we want them to try and get around it though? They could have a candy store and <br /> 298 then sell 49 percent. <br /> 299 <br /> 300 Adam Beeman: We can't control that aspect, that's legally not our right to control. <br /> 301 <br /> 302 Cy Stober: That's correct. <br /> 303 <br /> 304 Chris Johnston: Technically, they'd still have to sell candy too, right, like the sales I think would have to be <br /> 305 51 percent or whatever and at that point it's a different business. <br /> 306 <br /> 307 Cy Stober: At that level of investigation, if we were charged with investigating non-conformance <br /> 308 and/or violation of this use, then yeah, we'd have to get to that level and go through the records, yeah. <br /> 309 <br /> 310 Beth Bronson: And I only meant that as I see more and more gas stations using their sale, their <br /> 311 marketing and, and their availability of the vendor,just like a grocery store, they're renting out space to these <br /> 312 hemp products and to the tobacco products for shelf space, and they're only going to be required to do it more <br /> 313 if there's no actual dedicated facility to do that, and since we are a state that's not going to have liquor in the <br /> 314 grocery store, you know, or even in a dedicated store for wine and liquor— I'm not saying'that I'm for or <br /> 315 against it, I just find it to be, to your point about putting it as a Conditional versus putting it in the GC or LMC <br /> 316 with the stipulations, it would most likely be easier and it would still most likely be in one of those districts in <br /> 317 general... is that the understanding for that Conditional Zoning? So, like it would already technically be in a <br /> 318 commercial area because it couldn't be in a residential area. <br /> 319 <br /> 320 Cy Stober: Correct. <br /> 321 <br /> 322 Beth Bronson: So, it would fall into 12, 13 and NC3 and NC4, EC5, you couldn't apply for it if it was R1, <br /> 323 you couldn't apply for it if it was—you could use agricultural, but– <br /> 324 <br /> 325 Cy Stober: No, I mean, our agricultural zoning is Agricultural Residential- <br /> 326 <br /> 327 Beth Bronson: Residential, exactly. I think that I would retract my recommendation that it would be those <br /> 328 specific commercial and leave it as a Conditional District in the sense that any applicant would already be in <br /> 329 one of those districts, it would just be conditional to the tobacco and hemp if there was an approval on this or <br /> 330 consensus. <br /> 331 <br /> 332 Charity Kirk: A lot these stores are renters, they don't own the property, so that puts a burden on the <br /> 333 property owner and then the other thing is, is Conditional Zoning Districts cannot change the layout of stuff, so <br /> 334 they are set once it becomes a Conditional Zoning District. It's not flexible anymore. <br /> 335 <br /> 336 Beth Bronson: If it's new construction, but if it's existing construction, then that's not gonna – <br /> 337 <br /> 338 Cy Stober: But, no, Ms. Kirk is correct, if you have to get conditionally zoned, then your site plan <br /> 339 would reflect the existing structures and that would be what's approved. <br /> 340 <br /> 341 Charity Kirk: Can't change anything until you go back through the whole process. <br />