[00:00:21]
          MAY 11TH MEETING OF THE PLANNING COMMISSION. AS IS OUR CUSTOM, WE COMMISSIONERS START OUR MEETING WITH A PRAYER AND A PLEDGE. YOU'RE INVITED TO JOIN US WHETHER YOU DO OR NOT. NO WAY AFFECTS THE DECISIONS OF THIS COMMISSION OR YOUR RIGHTS IN FRONT OF THE COMMISSION. 
          TONIGHT'S PRAYER AND PLEDGE WILL BE LED BY COMMISSIONER DUCKWORTH. THANK YOU. THANK YOU, MR. CHAIR. IF YOU'D LIKE TO PRAY WITH ME, PLEASE. FATHER, WE THANK YOU FOR GARLAND THAT YOU HAVE MADE EACH OF US A PART OF IT. THANK YOU FOR THE MEMBERS OF THE PLANNING COMMISSION AND THEIR SERCE. ASK YOUR BLESSINGS ON EACH OF THEM AND THEIR FAMILIES. THANK YOU FOR OUR CITY MANAGER, LEADERS AND STAFF WITH US TONIGHT. THANK YOU FOR OUR FIRST RESPONDERS WHO GUARD AND PROTECT US. THANK YOU FOR THOSE WHO SERVE OUR MILITARY FORCES AND I ASK YOUR PROTECTION OVER THEM. WE ASK YOUR BLESSINGS AS WE MEET TONIGHT AND PRAY FOR YOUR GUIDANCE IN OUR WORK. FATHER, PLEASE BLESS THIS CITY, STATE AND NATION. WE GIVE YOU THANKS AND ASK THESE BLESSINGS IN THE HOLY NAME OF JESUS. AMEN. LET'S PLAY THE PLEDGE. I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS. ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL. GOOD EVENING AND WELCOME BACK. ALL RIGHTY. IF YOU PLAN ON SPEAKING TONIGHT, YOU'LL PLEASE FILL OUT ONE OF THESE SPEAKER CARDS AND HAND IT TO THE PLANNING COMMISSION SECRETARY. WE CAN THEN CALL YOU UP. AND WHEN YOU DO, IF YOU'LL PLEASE, SPEAK INTO THE MICROPHONES THERE AND STATE YOUR NAME AND ADDRESS. WE NEED THAT FOR THE OFFICIAL RECORD APPLICANTS. WELL, I GUESS THE ONLY CASE TONIGHT, THE CITY'S APPLICANT. BUT 15 MINUTES TO PRESESENT THEIR CASE. WE ALLOW OTHER SPEAKERS THREE MINUTES. BUT IF YOU'RE SPEAKING FOR A GROUP SUCH AS THE HOMEOWNERS ASSOCIATION OR, EXCUSE ME, A RETAIL ORGANIZATION OR SOMETHING LIKE THAT, WE WILL DEFINITELY ALLOW YOU SOME MORE TIME. ALL RIGHT. AND AGAIN, PLEASE STATE YOUR NAME AND 
          [a. April 27, 2026 Plan Commission Minutes ]
ADDRESS AND LET'S JUMP INTO THE AGENDA. FIRST ITEM TONIGHT IS ITEM ONE, A APPROVAL OF THE APRIL 27TH, 2026 PLANNING COMMISSION MINUTES. I HAVE A MOTION REQUEST FROM COMMISSIONER ABLE. LET ME GO AHEAD, SIR. I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE THE MINUTES AS PRESENTED AND A SECOND BY COMMISSIONER MIRANDA. CORRECT. CORRECT. MOTION BY COMMISSIONER. SECOND BY COMMISSIONER MIRANDA TO APPROVE THE MINUTES, AND HOPEFULLY IT'LL SHOW UP IN THIS LITTLE SCREEN HERE. ALL RIGHT. WE'RE TRYING OUT A NEW VOTING SYSTEM HERE. SO. 
          IT IS TO DO IT AGAIN. OKAY. VOTE AGAIN PLEASE. PLEASE BEAR WITH US. WE'RE BETA TESTING. OH, OKAY. SHOWS UP ON THE SCREEN. NOW THAT PASSES UNANIMOUSLY 8 TO 0. WELL. AND ONE ABSTENTION. YEAH. ALRIGHTY. NEXT ITEM ON OUR AGENDA. ITEM TWO A HOLD A PUBLIC HEARING TO 
          [a. GDC Amendment ORD 26-04]
RECONSIDER. TO CONSIDER AMENDMENTS TO CHAPTER TWO ZONING REGULATIONS. IN CHAPTER SIX, DEFINITIONS GENERALLY RELATED TO SMOKE SHOPS AND TOBACCO SLASH CIGAR SHOPS. GOOD EVENING. GOOD EVENING COMMISSIONERS. PLANNING AND DEVELOPMENT. THE FIRST AND ONLY ITEM WE HAVE FOR YOU THIS EVENING IS TO CONSIDER AMENDMENTS TO CHAPTER ZONING REGULATIONS AND CHAPTER SIX DEFINITIONS GENERALLY RELATED TO SMOKE SHOPS AND TOBACCO CIGAR SHOPS. ALSO BE CLARIFYING A FEW PROVISIONS RELATED TO OUR RECENTLY ADOPTED MULTIFAMILY STANDARDS. SO A LITTLE BACKGROUND ON THIS ITEM. THE GDC CURRENTLY HAS A SMOKE SHOP USE. HOWEVER, THE STANDARDS OF THIS USE MAKE REGULATION A LITTLE CHALLENGING. CURRENTLY, THE USE DOES NOT INCLUDE ANY STANDARDS FOR VAPING PRODUCTS, WHICH ARE, YOU KNOW, KIND OF A NEWER PRODUCT THAT'S BEEN ON THE MARKET IN THE PAST TEN YEARS OR SO. THE USE ALSO DOES 
          [00:05:01]
NOT DISTINGUISH IT FROM A TOBACCO OR CIGAR SHOP. SO TO ADDRESS THESE ISSUES, AMENDMENTS ARE PROPOSED THIS EVENING TO USE REGULATIONS AND DEFINITIONS TO MORE CLEARLY DEFINE WHAT A SMOKE SHOP IS, AND ALSO DISTINGUISH IT FROM A TOBACCO OR CIGAR SHOP. SO FIRST UP, WE ARE PROPOSING TO ADD A TOBACCO OR CIGAR SHOP USE. THIS WOULD BE DEFINED AS A COMMERCIAL ESTABLISHMENT, IN WHICH MORE THAN 75% OF THE STORE'S INVENTORY CONSISTS OF, QUOTE, THE FOLLOWING TOBACCO PRODUCTS IN THE ORIGINAL MANUFACTURER'S PACKAGING CIGARETTES, CIGARS, PIPE, TOBACCO, SNUFF, CHEWING TOBACCO. CONTRASTED WITH THAT, A SMOKE SHOP WOULD BE A COMMERCIAL ESTABLISHMENT THAT SELLS PRODUCTS FOR, QUOTE, THE SMOKING, INHALING, VAPORIZING OR CONSUMPTION OF ANY SUBSTANCE IN WHICH TOBACCO PRODUCTS MAKE UP LESS THAN 75% OF THE STORE'S INVENTORY. AND THEN JUST TO DRILL DOWN A LITTLE BIT FURTHER, DEFINING THAT SMOKE SHOP USE, WE WOULD BE AMENDING THE USE REGULATIONS SO THAT THE 75% THRESHOLD APPLIES TO A STORE'S INVENTORY RATHER THAN ITS REVENUE. AND THEN ALSO THAT THAT STANDARD SPECIFICALLY APPLIES TO PUBLICLY DISPLAYED INVENTORY. SO PRODUCT THAT WOULD BE OUT ON A SALES FLOOR OF A BUSINESS. WE ARE ALSO AMENDING OR PROPOSING TO AMEND THE DEFINITION OF A SMOKE SHOP TO INCLUDE PRODUCTS FOR THE, QUOTE, VAPORIZING OF ANY SUBSTANCE. THIS WOULD ENSURE THAT VAPING PRODUCTS ARE INCLUDED IN THE DEFINITION OF SMOKE SHOP USE. JUST A QUICK REFRESHER ON OUR NONCONFORMING REGULATIONS. THESE ARE NOT PROPOSED TO BE AMENDED AS PART OF THIS ORDINANCE AMENDMENT. WE JUST WANTED TO REFRESH. THERE'S BEEN A LOT OF CONCERN FROM RESIDENTS AND BUSINESS OWNERS OVER THE PAST WEEK ABOUT THIS. 
          SO IF THIS PROPOSED AMENDMENT IS ADOPTED BY CITY COUNCIL, THERE WOULD BE NO IMMEDIATE IMPACT ON THE OPERATION OF A BUSINESS THAT EXISTS IN GARLAND TODAY. HOWEVER, SOME EXISTING BUSINESSES MAY BECOME WHAT LEGALLY IS CALLED NONCONFORMING. SOME FOLKS REFER TO IT CASUALLY AS GRANDFATHERED. THIS MEANS THAT A BUSINESS COULD CONTINUE OPERATING AS IS. HOWEVER, THE ABILITY TO EXPAND FLOOR AREA, THINGS LIKE THAT WOULD BE LIMITED. AND THEN. OTHER REASONS A BUSINESS MAY LOSE NONCONFORMING STATUS WOULD BE A VACANCY OF SIX MONTHS OR LONGER, OR ANY KIND OF STRUCTURAL DAMAGE TO THE EXTENT OF 60% OR MORE OF THE VALUE OF THE STRUCTURE. THAT MAY ALSO CAUSE A BUSINESS TO LOSE ANY KIND OF NONCONFORMING STATUS. AND THEN JUST A CLARIFICATION ON A FEW MULTIFAMILY STANDARDS WITH THIS ORDINANCE AMENDMENT. IT JUST INCLUDES A FEW PROPOSED AMENDMENTS CLARIFYING MULTIFAMILY USE STANDARDS THAT ALIGN WITH RECENT STATE LAW CHANGES. ESSENTIALLY JUST CORRECTS AN ISSUE WITH THE NUMBERING OF SOME OF THE ITEMS IN OUR SPECIAL USE STANDARDS IN THE GDC, AND ALIGNS THESE STANDARDS WITH OUR RECENTLY UPDATED MULTIFAMILY REGULATIONS. SO WITH THAT STAFF'S RECOMMENDATION IS APPROVAL OF THIS AMENDMENT, AND I'M AVAILABLE FOR ANY QUESTIONS. 
          COMMISSIONER PARIS, GOOD EVENING. THANK YOU FOR TAKING US THROUGH THE UPDATES TO THE GDC WITH THE REQUESTED CHANGES. I HAVE TWO QUESTIONS. HOPEFULLY I GET THESE RIGHT. ONE OF THEM IS THIS CHANGE IS STATE AND STATE LAW REGULATED CHANGES OR IS IT JUST CITY OF GARLAND CHANGE? THE MULTIFAMILY PIECE THAT I MENTIONED THERE AT THE END IS, IS RELATED TO RECENT STATE LAW CHANGE. BUT THE SMOKE SHOP, THE BALANCE OF THE ORDINANCE AMENDMENT IS A IS A GARLAND CHANGE. YEAH. AND THEN I BELIEVE IT WAS SLIDE SIX. THE TERM, THE WORDING. AND I THINK SO I DIDN'T GET THIS DECK PRIOR TO. SO I WASN'T ABLE TO SEND QUESTIONS. THE SECOND BULLET POINT. SOME EXISTING BUSINESSES MAY BE NONCONFORMING. AND THE CRITERIA FOR THEM MAY BE IS, CAN YOU RESTATE WHAT THE CRITERIA WOULD BE TO MAKE IT NONCONFORMING? SURE. SO, YOU KNOW, AS PART OF THIS ORDINANCE AMENDMENT, WE WOULDN'T REALLY BE CONFIRMING IF ANY INDIVIDUAL BUSINESS IN THE CITY IS OR IS NOT NONCONFORMING WITH THIS CHANGE. IT'S JUST THERE'S A POSSIBILITY THAT THAT COULD HAPPEN. AND NONCONFORMING BASICALLY JUST MEANS THAT A BUSINESS CAN CONTINUE OPERATING AS IT IS. IT JUST HAS SOME RESTRICTIONS PLACED ON IT. ONE OF THOSE RESTRICTIONS IS THEY CAN'T EXPAND THEIR EXISTING FLOOR AREA OR, YOU KNOW, IF THEY WANTED TO ADD A NEW BUILDING TO A SITE, THEY WOULDN'T BE ABLE TO DO THAT. 
          AND THEN THAT LAST BULLET POINT IS JUST SOME OTHER FACTORS THAT MIGHT CAUSE A BUSINESS TO LOSE ITS NONCONFORMING STATUS. SO AS IT HAD AN EXTENDED VACANCY OF SIX MONTHS OR LONGER, THAT NONCONFORMING STATUS COULD BE LOST OR DESTRUCTION TO THE EXTENT OF 60% OR MORE OF THE VALUE OF THAT STRUCTURE. THANK YOU. ABSOLUTELY. THANK YOU. ANY OTHER QUESTIONS? A FOLLOW UP TO 
          [00:10:07]
HER QUESTION. SO IF SOMEBODY COMES IN AND BUYS A BUSINESS, DOES A NEW CO AFFECT CONFORMING OR NONCONFORMING. THAT WOULD NOT CAUSE A BUSINESS JUST IN AND OF ITSELF TO LOSE NONCONFORMING STATUS. SO SOMEONE WANTED TO SELL THE BUSINESS AND IT WAS UNDER NEW OWNERSHIP OR EVEN CHANGE THE BUSINESS NAME. THAT BUSINESS COULD CONTINUE AS IS. AND THAT'S WHAT I FIGURED. I JUST WANT TO MAKE IT CLEAR FOR THOSE WATCHING. YES, SIR. OKAY. THERE MAY END UP BEING SOME QUESTIONS ABOUT THE 75%. THAT'S PROBABLY WHERE IT GETS MOSTLY ENTANGLED. 
          CORRECT. TOBACCO SHOPS? PRETTY MUCH EXPLANATORY. 75% OF THEIR DISPLAY IS TOBACCO PRODUCTS, AND THAT MAKES THEM A TOBACCO SHOP. NOW, WHEN A SMOKE SHOP, DO THEY HAVE TO HIT THAT 75% THRESHOLD OF TOBACCO AND VAPE STUFF IN ORDER TO BE DECLARED A SMOKE SHOP? OR IS IT ANY AMOUNT OF VAPES OR ANYTHING TO BE DECLARED? SO ANY ANY AMOUNT OF VAPING PRODUCTS SOLD AT THE ESTABLISHMENT WOULD PUT IT IN THE SMOKE SHOP CATEGORY. AND IF YOU HAD, YOU KNOW, PRODUCTS OUT ON THE SALES FLOOR FOR SMOKING OR INHALING OF SUBSTANCES, THAT WAS LESS THAN 75% TOBACCO PRODUCTS, THAT WOULD ALSO PUT YOU IN THE SMOKE SHOP CATEGORY. AND I'M CERTAIN WE'LL GET THIS QUESTION PROBABLY ANSWERED BETTER FROM YOU. GAS STATIONS HAVE SOME OF EACH. HOW IS THAT HANDLED? YEAH. SO A PROPERTY CAN HAVE MORE THAN ONE USE ON IT. A LOT OF THE BUSINESSES THAT WE'RE PROBABLY THINKING OF THAT MAY BE IMPACTED BY THIS ON ONE SITE COULD HAVE A GAS STATION, A CONVENIENCE STORE, MAYBE A SMALL RESTAURANT, AS WELL AS A SMOKE SHOP OR TOBACCO CIGAR SHOP. SO ALL OF THOSE DIFFERENT USES WOULD BE CONSIDERED. WELL, LET ME REPHRASE THAT. BEHIND THE COUNTER AT A GAS STATION, THEY'LL SELL TOBACCO VAPES. SO JUST A QUICK CLARIFICATION. THAT WOULD BE AN ACCESSORY TO THEIR REGULAR BUSINESS. SO THAT DOESN'T COUNT. AND THE FOR THE VAPING PRODUCTS, IF THAT'S NOT THEIR PRIMARY BUSINESS, THEY'RE TRULY A RETAIL SALES STORE, WHICH HAS 5% OF THEIR INVENTORY AS VAPING PRODUCTS. THEN THAT'S ALSO NOT CONSIDERED A SMOKE SHOP. THAT'S WHAT I WANTED TO CLARIFY FOR THE VIEWING AUDIENCE, SO TO SPEAK, IS EXISTING SHOPS LIKE THAT, ARE BUSINESSES LIKE THAT ARE NOT REALLY AFFECTED BY THIS? WE'RE TALKING ABOUT PRIMARY SALES OF THESE PRODUCTS. YES, SIR. GOT IT. A COUPLE MORE QUESTIONS. COMMISSIONER DUCKWORTH AND COMMISSIONER DALTON. MR. RYAN, COULD YOU GO OVER THE REQUIREMENTS FOR THE SUP FOR THESE TWO DIFFEFERENT TYPES OF SHOPS? SURE. GIVE ME ONE SECOND THERE. PROBABLY THE EASIEST WAY TO EXPLAIN IT. YES, I CAN SEE THAT. YEAH. SO A SMOKE SHOP WOULD BE PERMITTED IN AN INDUSTRIAL DISTRICT BY A SPECIFIC USE PERMIT ONLY. WHEREAS A TOBACCO CIGAR SHOP WOULD BE PERMITTED IN ALL OF THE NONRESIDENTIAL DISTRICTS, SAFE NEIGHBORHOOD OFFICE AND THEN NEIGHBORHOOD SERVICES WOULD REQUIRE A SPECIFIC USE PERMIT. BUT OTHER THAN THAT, IT WOULD BE PERMITTED BY. RIGHT. I JUST WANT TO MAKE SURE WE SHOWED THAT TO THE PUBLIC. YES, SIR. IS THAT ALSO IN THE DESCRIPTION OF THE TOBACCO CIGAR SHOP? THEY SELL PIPE TOBACCO, BUT I KNOW THERE'S A I'M NOT CONNOISSEUR OF THESE PRODUCTS MYSELF, BUT I HAD GRANDFATHERS THAT SMOKED PIPES DO. THEY WOULD. SELLING PIPES, WRIGGLER TOBACCO PIPES IN THESE SHOPS BE PERMITTED AS A PART OF THEIR INVENTORY? IT DOESN'T SPECIFICALLY SAY. IF IT'S NOT MEANT FOR VAPING OR SMOKING PRODUCTS, THEN THAT'S UNDER TOBACCO. YEAH, IT'D BE TOBACCO. TOBACCO PIPE IS. SO IN THAT CASE IT WON'T COUNT. WON'T COUNT AGAINST THEM. IT WILL NOT. IF IT CANNOT BE USED FOR VAPING OR SMOKING PURPOSES, THEN IT WILL NOT. OKAY. IT WOULD BE A STANDARD PIPE FOR SMOKING TOBACCO THEN. SO THANK YOU. ALL RIGHT. THANK YOU, COMMISSIONER DALTON. ALL RIGHT. SO A GROCERY STORE, GAS STATION, A CONVENIENCE STORE, ANY CIGARETTES, ETC. ARE AN AUXILIARY FUNCTION OF WHAT THE MAIN BUSINESS IS. IT JUST DOESN'T EVEN COUNT. BUT IN MY MIND, I'M SITTING THERE GOING, OKAY, WHAT'S THE REAL DIFFERENCE BETWEEN TOBACCO 
          [00:15:02]
PRODUCTS BEING SOLD IN A SMOKE SHOP AGAINST A TOBACCO SHOP? IT'S THE SAME PRODUCT BEING SOLD IN ONE PLACE OR ANOTHER. BUT WHETHER IT'S 75% OR MORE OF THEIR BUSINESS, IS THAT THE REAL DIVIDING LINE? YES. THAT THAT WOULD BE THE THRESHOLD. OKAY. IF I'M DRIVING DOWN THE STREET AND I SEE A SMOKE SHOP OR A TOBACCO SHOP, I ASSUME THEY'RE SELLING TOBACCO PRODUCTS, PERIOD. THAT'S WHAT THEY'RE SELLING. NOW, THEY MAY ALSO BE SELLING VAPING PRODUCTS, BUT TOBACCO PRODUCTS, AND I NOTICED THE WORDING IN THEIR ORIGINAL PACKAGING. WHAT'S THE DIFFERENCE IN THAT. AND WHAT WOULD BE SOLD IN A SMOKE SHOP? I'M TRYING TO FIGURE OUT WHERE WE'RE DRAWING THE LINE HERE AND WHY. SO THE INTENT I'M GOING TO TAKE THAT ONE. OKAY. SO THE INTENT WITH THE ADDED TOBACCO CIGAR SHOP USE IS TO DISTINGUISH IT FROM THIS OTHER USE THAT WE ALREADY HAVE IN OUR CODE. A SMOKE SHOP, LIKE I SHOWED A SECOND AGO. THE SMOKE SHOP USE IS ONLY PERMITTED IN AN INDUSTRIAL DISTRICT WITH AN SUP, SO THAT'S A USE THAT'S PRETTY, PRETTY RESTRICTED IN THE CITY. AND WE'D LIKE TO MAINTAIN THAT EXISTING STANDARD AND REDEFINA SMOKE SHOP TO WHERE THAT AND KIND OF JUST SHORE UP THE DEFINITION A LITTLE BIT. SO IT'S MORE ENFORCEABLE IN THAT ONE DISTRICT. WHAT WE DON'T WANT TO DO IN THE PROCESS OF THIS ORDINANCE AMENDMENT IS PROHIBIT A CIGAR STORE, WHICH FORGIVE ME, I'M NOT PERSONALLY VERY FAMILIAR WITH. I'VE NEVER SMOKED ANY TOBACCO PRODUCTS WHATSOEVER, BUT IS MORE IS A DIFFERENT SORT OF RETAIL USE THAT HAS MAYBE LIKE A SMOKING ROOM OR SOMETHING IN IT, YOU KNOW, A LOUNGE OF SOME KIND WHERE FOLKS CAN HANG OUT AND ENJOY THOSE TOBACCO PRODUCTS. THAT IS A USE THAT WE'D LIKE TO DISTINGUISH FROM THIS SMOKE SHOP USE. AND THAT'S WHERE THAT 75% THRESHOLD IS, IS COMING FROM. ADDING ON A LITTLE BIT OF CONTEXT, THIS WAS DRIVEN BY THE DEVELOPMENT SERVICES COMMITTEE. SO IT WAS THEIR PREFERENCE THAT WE LOOK INTO IT. THE DEFINITIONS OF TOBACCO AND CIGAR SHOP AND VAPE SHOP AND SMOKE SHOP. AND IT WAS THEIR DESIRE THAT VAPE PRODUCTS AND VAPE SHOPS, CURRENTLY IT'S NOT ADDRESSED IN OUR CODE. IT'S I WOULD SAY BACK IN THE DAYS WHEN THE GDC WAS ADOPTED, IT MAY NOT HAVE BEEN AS BIG OF A COMPONENT TO BE ADDED ONTO THE GDC, BUT IN TODAY'S WORLD, IT HAS BECOME A MATTER THAT CITY COUNCILS DESIRE IS TO BE ABLE TO REGULATE IT. SO THAT'S WHAT WE ARE TRYING TO DO, IS TO PUT IT UNDER THE. IF THAT'S THE PRIMARY. SO THEY CAN THEY CAN SELL VAPE PRODUCTS AS LONG AS IT'S NOT THEIR PRIMARY. BUT IF THAT BECOMES THE PRIMARY, THEN THE THOUGHT BEHIND THOUGHT THAT THE DEVELOPMENT SERVICES COMMITTEE HAD BEHIND THIS PROPOSAL WAS THAT THAT DOES ATTRACT A DIFFERENT KIND OF. THAT'S A DIFFERENT KIND OF BUSINESS THAT NEEDS A DIFFERENT TYPE OF REGULATION THAN JUST A RETAIL STORE THAT WE CAN ALL KIND OF, I THINK, AGREE TO THAT. THE NATURE OF THE BUSINESS MAY GET A LITTLE DIFFERENT BASED ON THE WHAT'S THEIR PRIMARY PRODUCT SALE. SO THAT'S WHERE THEY WE COMING FROM. SO THIS IS A, THIS IS AN AMENDMENT THAT IS NOT BROUGHT FORWARD BY STAFF. IT IS A DEVELOPMENT SERVICES COMMITTEE MATTER. OKAY. THANK YOU. THANK YOU. I JUST WANT TO POINT THAT OUT TO SEE NO OTHER QUESTIONS. THANK YOU VERY MUCH. BUT YOU MAY BE NEEDED AGAIN. I'M SURE I WILL. THANK YOU SO MUCH. I HAVE A FEW SPEAKER CARDS. JASON MARTINEZ. AND IF YOU STATE YOUR NAME AND ADDRESS IN THE MICROPHONE, WE APPRECIATE IT. HI. HI. MY NAME IS JASON MARTINEZ. I'M AT 1401 NORTHWEST HIGHWAY, SUITE 107. SO WHAT I WANTED TO ASK IS MORE OF A CLEARER ON THE GRANDFATHERING. HOW DO WE MAKE SURE THAT WE'RE IN THE GRANDFATHERING AS WELL? ME, I'M A RETAIL MERCHANT, SO MY SALES HAVE BEEN AT 50, 45% OF VAPE PRODUCTS. SO IT CONCERNS ME BECAUSE WHAT IF ONE DAY MY VAPE PRODUCTS END UP REACHING THAT 75%? AND THAT MAKES ME NON-CONFORMING AND I'M LOCKED TO A LEASE AND I WANT TO COMMIT BUSINESS THE CORRECT WAY, THE LEGAL WAY, NOT DOING LOOPHOLES OR ANYTHING THAT ISN'T RIGHT. SO. FROM WHAT I 
          [00:20:02]
WANT TO KNOW, IS REALLY JUST A CLEAR LANGUAGE ON MAKING SURE THAT MY RETAIL STORE IS GOING TO BE IN WHAT SECTION SMOKE SHOP IS IT GOING TO BE RETAIL? DO I GOT TO SWITCH MY CEO? AND IF I DO. HOW DO I DO IT? YOU KNOW, I'M NEW TO THIS AND I DON'T KNOW THE PARTICULARS, BUT IT DOESN'T SOUND. IF YOU'RE NON-CONFORMING, YOU'RE FINE. YOU GET TO STAY THAT WAY. I DON'T KNOW IF THERE'S A THRESHOLD. IF HE GETS ABOVE, THAT WOULD PUT HIM IN A NON-CONFORMING OR NOT. IF HE'S NOT NON-CONFORMING. NOW DO YOU? SO CURRENTLY YOUR CEO IS RETAIL IS FOR RETAIL STORE. YES. MY CEO IS RETAIL MERCHANT. OKAY. AND CURRENTLY DO YOU AGAIN, YOU DON'T HAVE TO ANSWER ME. LET ME JUST PUT IT HYPOTHETICALLY, IF CURRENTLY YOUR BUSINESS IS NOT PRIMARILY SELLING SMOKE PRODUCTS OR VAPE PRODUCTS THAT ARE UNDER THE SMOKE SHOP DEFINITIONS, THEN YOU'RE FINE. NOTHING CHANGES ABOUT YOU. IT'S IF YOUR PRIMARY BUSINESS IS TO SELL VAPE PRODUCTS OR THE OTHER COMPONENTS OF SMOKE SHOP, THEN YOU BECOME NON-CONFORMING. YOU MAY NOT EVEN BECOME NON-CONFORMING IF YOUR PRIMARY BUSINESS IS NOT ANY OF THAT. SO YOU DON'T HAVE TO ANSWER US HERE. YOU CAN COME MEET WITH STAFF. RYAN AND I ARE MORE THAN HAPPY TO MEET WITH YOU TO DETERMINE WHERE YOU SHOULD FALL. BUT IF YOU'RE A TRUE RETAIL STORE AND YOU JUST SELL SOME VAPE PRODUCTS ON THE SIDE AS AN ACCESSORY, THEN THIS MIGHT NOT EVEN AFFECT YOU AT ALL. YOU DON'T. YOU MAY NOT EVEN HAVE TO BECOME NON-CONFORMING. YOU MAY JUST BE LEGAL. OKAY. YES. BECAUSE THE QUESTION WAS LIKE, IF MY PRIMARY IS THIS ITEM. 
          HOWEVER, WHAT DEFINES MY PRIMARY, THE, THE, THE REVENUE? OR IS IT THE IT'S THE IT'S THE INVENTORY COUNT. INVENTORY COUNT. CORRECT. OKAY. SO THAT I UNDERSTAND NOW. YEAH. THANK YOU. 
          IT'S LIKE MY EXAMPLE OF A DRUG STORE OR GAS STATION. THEY SELL A LOT OF TOBACCO PRODUCTS AND SOME VAPE PRODUCTS BEHIND THE CHECKOUT COUNTER. THAT'S AN ACCESSORY USE. NOW IF YOUR PRIMARY IS A SMOKE AND VAPE SHOP, THEN YOU WOULD BE INCLUDED AND YOU'D COME UNDER THE NON-CONFORMING AND YOU'D HAVE THAT RIGHT TO ME. STAY THAT WAY. UNLESS ONE OF THOSE TWO CONDITIONS OCCURS, I UNDERSTAND. THANK YOU FOR YOUR TIME AND LISTENING TO ME. THANK YOU. GRAHAM. I PROBABLY MISPRONOUNCE YOUR LAST NAME, BUT IT'S MY FRENCH LANGUAGE BACKGROUND SPEAKING THERE. MY NAME IS RAM PANDEY. I'M 6 TO 4. SIX. YEAH, A LITTLE CLOSER TO THE MIC THERE. REMEMBER MY NAME IS PANDEY. FROM 6 TO 4 SIX. HAVING A SMOKE SHOP AND GIFT SHOP. SO I DON'T KNOW WHAT I NEED TO SPEAK HERE. YOU KNOW JUST FILL UP THE PAPER AND GIVE IT TO YOU. WE ARE WORRIED ABOUT WHEN WE GOT THE PAPER ON THE MAIL. YOU KNOW, I'M JUST CONCERNED AND WORRIED, HEY, IT MIGHT BE HAPPEN BECAUSE WE GOT THE PERMIT. WE ARE THERE TO FROM 2022. AND IT'S BEEN LIKE FOR FIVE YEARS. AND MY CONCERN IS WHY WE GET THAT LETTER EVEN WE GOT THE PERMIT FOR THE SMOKE SHOP MIGHT BE REGULATION OR DIFFERENT FROM THE CITY RULE. 
          AND I TALKED WITH THE LAWYER TOO, AND THEY SAID, HEY, THIS IS NOTHING YOU NEED TO DO IN HEARING JUST YOU HAVE TO GO THERE AND LISTEN THEM. SO NO NEED. WE NEED TO GO. THIS IS I MEAN, JUST HEARING. SO YOUR STORY IS NOT NOTHING HAPPENED. NOTHING. BECAUSE YOU INVEST THEM A LOT. YOU KNOW, THIS IS YOUR STORE. YOU HAVE YOUR FAMILY. YOU HAVE YOUR KIDS. HOW ARE YOU GONNA SURVIVE IF YOU ARE OUT OF THE BUSINESS AND WHAT YOU DO ON THE SECOND DAY? SO THERE IS A I MEAN, I'M WORRIED ABOUT THAT TOO. SO, YOU KNOW, A LOT OF THESE THINGS SOUND LIKE THEY'RE VERY INDIVIDUALIZED. WHAT I WOULD SUGGEST IS THAT YOU GET WITH STAFF, GO GO TO THE OFFICES ON 800 MAIN MAIN STREET AND WALK IN AND SAY, HEY, I NEED TO FIND OUT MORE ABOUT THIS. AND THEY'LL SIT DOWN WITH YOU, TALK ONE ON ONE ABOUT YOUR SITUATION, LET YOU KNOW WHERE YOU ARE. BUT THERE'S NO INTENTION TO PUT ANY EXISTING SHOPS OUT OF BUSINESS. 
          AND WE'RE ONLY RECOMMENDING TO THE CITY COUNCIL, WHEN DID THIS GO BEFORE CITY COUNCIL? SO 
          [00:25:03]
HEARINGS THAT ARE TODAY FROM PLANNING COMMISSION AND THE JUNE 2ND CITY COUNCIL FOR PUBLIC HEARING. OKAY. YEAH. SO WITHIN THE NEXT COUPLE WEEKS, JUST GO ON DOWN THERE AND TALK TO THEM BECAUSE WE REALLY CAN'T ANSWER SPECIFICS LIKE THAT. WE DON'T HAVE THAT CAPABILITY. AND I'D LIKE TO ADDRESS THE LETTER THAT YOU RECEIVED. I UNDERSTAND THE I THINK WE SAW IT. WE MAILED THE LETTER TO I THINK WE MAILED IT. THE REASON WE HAD TO DO IT, AND THAT THE STATE REQUIRES THAT ANY STORE THAT MAY BECOME NONCONFORMING. AND WE DON'T KNOW EVERYBODY'S OPERATION. THERE'S NO WAY FOR STAFF TO REALLY GO AND CHECK INVENTORY OF EVERY SINGLE RETAIL STORE THAT'S THERE IN THE CITY. THERE ARE THOUSANDS. SO WE REALLY TOOK A DEEP DIVE INTO WHO WE THOUGHT MAY HAVE SOME VAPING PRODUCTS AND THINGS LIKE THAT, AND WE ARE REQUIRED BY THE STATE TO SEND THAT LETTER. THAT'S WHY YOU GOT IT. OKAY. THERE'S NO THAT DOESN'T SAY THAT YOU ARE BECOMING NONCONFORMING. THAT IS TO GIVE YOU NOTICE AND YOU'LL BE RECEIVING ONE BEFORE CITY COUNCIL. THAT'S WHY I'M COMFORTABLE WITH WHEN I'M TALKING WITH THE LAWYER. YOU'RE GOOD. NOTHING GOING TO BE HAPPEN. JUST GO AND HEARING THEM. SO NO NEED TO GO. WE YOU JUST GO AND LISTEN TO THEM. EVEN IF YOU ARE THE A SMOKE SHOP. UNDER TODAY'S DEFINITION YOUR STATUS REMAIN THE SAME. YOU BECOME NONCONFORMING. YOU CAN CONTINUE YOUR BUSINESS UNTIL THE END OF TIME. RIGHT? AND I'LL SEE YOU ALL IF YOU APPLY THE GRANDFATHER LAW, YOU KNOW, OR. AND NO MORE STORE FOR THE AREA. I'M IN THE GARLAND. 
          YOU KNOW, THAT MIGHT BE I, I HARD, YOU KNOW, BECAUSE. NO, NO, NO WE UNDERSTAND. YEAH. THOSE NOTICES CAN BE SCARY BECAUSE AGAIN, STATE DICTATES HOW THEY HAVE TO WRITE THEM AND THEY'RE WRITTEN IN LEGALESE AND, AND YOU'RE SMART. YOU WENT AND TALKED TO YOUR ATTORNEYS, SO. 
          RIGHT. YEAH, YEAH. SO YEAH. THAT'S IT. THANK YOU SO MUCH FOR INVITING US HERE. YOU KNOW, WE ALL RESPECTIVE HERE, A LOT OF YOU KNOW, YOU ALL. SO THANK YOU FOR GIVING US TIME TO. SURE. 
          THANK YOU SO MUCH. YEAH. YOU'RE WELCOME. ALRIGHTY. AND ALEXIS. HI MY NAME IS ALEXIS GARCIA. 
          I'M JUST WITH RAMOS AS WELL AT 66246 BROADWAY BOULEVARD. THE REASON WE'RE HERE, WE WANT TO ASK YOU GUYS, IF WE SELL MORE THAN 75% OF VAPES TOBACCO, ARE WE UNDER THE GRANDFATHERED LAW AS A CONFORMING BUSINESS, OR WILL WE HAVE TO CLOSE DOWN? YOU'LL BE YOU'LL BE YOU'RE UNDER TODAY'S UNDER THE PROPOSED DEFINITION, YOU'LL BECOME A SMOKE SHOP, BUT YOU WILL BE LEGALLY NONCONFORMING, WHICH MEANS YOUR STATUS IS LEGAL. WE CANNOT COME AFTER YOU, AND YOU CAN CONTINUE YOUR BUSINESS AS IS. AS RYAN MENTIONED, THERE ARE REALLY TWO CRITERIA THAT CAN AFFECT YOUR NONCONFORMING STATUS, WHICH MEANS YOUR LEGAL NONCONFORMING STATUS. THAT IS, IF YOUANT TO EXPAND YOUR BUSINESS, YOU CAN'T DO IT. YOU HAVE TO STAY WITHIN YOUR EXISTING SQUARE FOOTAGE. OR IF SOMETHING DAMAGES THAT SUITE OR BUILDING MORE THAN 60%, THAT THAT AFFECTS YOUR NONCONFORMING STATUS. OTHER THAN THAT, YOU WILL, YOU CAN CONTINUE AS IS. AWESOME. MY NEXT QUESTION WAS HOW LONG ARE WE ABLE TO DO BUSINESS THERE FOR? UNTIL END OF TIME. YEAH, TILL THE END OF TIME. AND I VERIFIED THAT IF YOU NEEDED TO SELL YOUR BUSINESS, YOU COULD DO THAT TOO, AND THE NEXT PERSON COULD DO IT TOO. OH, THE MOST IMPORTANT ONE. I FORGOT TO MENTION THAT. I THINK RYAN MENTIONED IT, BUT SO YOU CAN CHANGE LIKE THE USE, THE USE CAN CHANGE HANDS, YOU CAN SELL THE SUITE OR THE BUSINESS, AND SOMEONE ELSE CAN COME IN AND CONTINUE THE OPERATION UNDER THE SAME USE. BUT IF SOMEONE DOES, IF YOU DISCONTINUE YOUR BUSINESS FOR SIX MONTHS, THEN YOU CANNOT COME BACK AND DO THAT BUSINESS AGAIN. SO IN THAT SCENARIO, IF YOU SELL TO SOMEONE ELSE AND THE NEW OWNER COMES IN, DOESN'T GET THEIR NEW CEO WITHIN SIX MONTHS, THE UTILITIES ARE TURNED OFF FOR SIX MONTHS OR MORE. THEN YOU MAY NOT BE ABLE TO COME BACK AND CONTINUE OPERATION. THAT'S IT. OKAY, I UNDERSTAND. YEAH. THANK YOU GUYS. AND LET ME CLARIFY WHAT LEGAL NONCONFORMING MEANS. WHEN YOU GOT YOUR CEO, WHEN YOU STARTED YOUR BUSINESS PERFECTLY LEGAL. 
          IT JUST MEANS THE RULES CHANGED AFTER YOU GOT THAT RIGHT. SO IT'S LEGAL. IT'S JUST NONCONFORMING RIGHT NOW. SO YOU'RE STILL GOOD. SO WE'RE STILL GOOD TO OPERATE BUSINESS THERE. YEAH, IT'S JUST A NOMENCLATURE. SO THEY KNOW IF SOMEBODY ELSE, YOU KNOW, IF YOU 
          [00:30:01]
LEAVE A YEAR AND SOMEBODY WANTS TO COME IN AND DO IT, THEY'VE LOST THAT. RIGHT. BUT YOU'RE LEGAL. IT'S JUST NONCONFORMING WITH THE CURRENT RULES. AND THAT'S PART OF OUR GOVERNMENT THROUGHOUT THE UNITED STATES. WE DO NOT PASS LAWS WHAT'S CALLED EX POST FACTO AFTER THE FACT. OKAY. SO JUST TO CLARIFY, IF I'M HEARING RIGHT, YOUAN CORRECT ME. WE'RE ABLE TO OPERATE BUSINESS AS LONG AS WE WANT, BUT IF WE SELL A NEW OWNER CANNOT OPERATE BUSINESS THERE. NO, THEY CAN NO, HE CAN, BUT THEY JUST CANNOT VACATE THE USE FOR MORE THAN SIX MONTHS. 
          SO IF THEY TAKE SIX MONTHS TO START THEIR OPERATION, THEN THEY LOST THEIR RIGHT. SO IF IT'S LESS THAN SO IT'S 180 DAYS. SO IF IT'S 179TH DAY WHEN THEY GET THEIR CEO AND START THEIR OPERATION, THEY CAN STILL DO IT. BUT AFTER THAT SIX MONTHS, YOU KNOW, THE NONCONFORMING STATUS THAT YOU HAD RECEIVED, LIKE CHAIR ROBERTS MENTIONED, THAT IS LOST. SO THAT SIX MONTHS IS VERY IMPORTANT IN THE NONCONFORMING WORLD. YEAH. OKAY. IF YOU DON'T REALLY INTEND TO VACATE THE USE FOR MORE THAN SIX MONTHS, YOU WON'T HAVE TO WORRY ABOUT IT. FOR INSTANCE, I WOULDN'T STOP SELLING ALL THAT STUFF TO OPEN UP A FAST FOOD RESTAURANT AND AFTER EIGHT MONTHS DECIDE, NAH, LET ME GO BACK. YOU CAN'T. YOU'VE LOST THAT, RIGHT? BECAUSE YOU HAVEN'T CONDUCTED THAT MAIN BUSINESS FOR SIX MONTHS. RIGHT. AND YEAH, THE, THE REASON WE CAME HERE BECAUSE, YOU KNOW, WE LOVE GARLAND. WE'VE BEEN IN GARLAND OPERATING BUSINESS FOR FOUR YEARS. WE'RE ACTUALLY ONE OF THE A FEW 24 HOUR BUSINESSES OPEN LATE. AND LIKE I SAID, WE'RE GREAT FOR THE COMMUNITY. YOU GUYS ARE GREAT FOR US. AND THAT LETTER WAS JUST A LITTLE BIT CONCERNING. BUT I APPRECIATE YOU GUYS BEING HERE TODAY AND ANSWERING ALL OF OUR QUESTIONS. GOOD. THANK YOU. YOU'RE WELCOME. THERE'S THE LAST SPEAKER CARD I HAD IN THIS CASE. IS THERE ANYBODY ELSE IN THE AUDIENCE WHO WISHES TO ADDRESS THIS ITEM? GOT ONE OVER HERE. ALWAYS BEHIND THE COLUMN WHERE I CAN'T SEE YOU. AND NAME AND ADDRESS, PLEASE. I DIDN'T BRING THE PAPER TO TURN IT INTO HER. SO I THINK THAT'S WHY YOU ARE ABLE TO CALL US. BUT MY NAME IS SANDRA LUNA. OUR ADDRESS IS 1350 NORTHWEST HIGHWAY. ALMOST ALL MY QUESTIONS HAVE BEEN ANSWERED, IF I'M BEING HONEST, LAST QUESTION WOULD JUST BE IF YOU WERE TO WANT TO CHANGE THE TIME OF THE STORE, WOULD THAT BE OKAY? THE TIME OF THE STORE? YEAH. FOR EXAMPLE, WE CLOSE AT 12 A.M. BUT IF WE WERE TO MAKE IT 24 OVER SEVEN, IT WOULDN'T AFFECT IT IN ANY WAY. YEAH. THAT'S FINE. OKAY. WELL THEN YEAH, YOU'RE GOOD. YOU'VE GOT THE SAME USE. IT DOESN'T MATTER. ALL RIGHT. A LITTLE BIT OF CAVEAT. SO IF IT'S A IS IT A DO YOU HAVE AN SUP FOR YOUR BUSINESS. OR DO YOU JUST HAVE A REGULAR CEO REGULAR CEO. OKAY. 
          THAT'S GOOD. SOME SHOPS HAVE CONDITIONS ON TIME IN IT. YOURS DOESN'T. SO YOU'RE GOOD TO GO. 
          PERFECT. THANK YOU VERY MUCH. ALL RIGHTY. ANYBODY ELSE HAVE ANY QUESTIONS OR. NO. WE SEEM TO TAKE CARE OF THEM ALL. ALRIGHTY, COMMISSIONERS, IT'S UP TO YOU. ALL MOTION DISCUSSION. AND WE DON'T NECESSARILY NEED A MOTION TO CLOSE THE PUBLIC HEARING OR ANYTHING. COMMISSIONER DALTON, LET ME GET YOU LIVE THERE. THERE YOU GO. THANK YOU. I WOULD LIKE TO GO AHEAD AND MAKE A MOTION THAT WE FORWARD THIS TO CITY COUNCIL WITH OUR RECOMMENDATION. AND AT THIS POINT, IF ANYONE WANTS TO DISCUSS IT AGAIN, WE HAVE A MOTION TO FORWARD THIS TO CITY COUNCIL WITH OUR POSITIVE RECOMMENDATION. IS THERE A SECOND COMMISSIONER DUCKWORTH, ANYTHING YOU CARE TO SAY ON THAT OR. NO, SIR. I SECOND THE MOTION. ANYBODY WANT TO CHIME IN ON ANYTHING? WE HAVE A MOTION AND A SECOND MOTION BY COMMISSIONER DALTON, SECOND BY COMMISSIONER DUCKWORTH TO APPROVE FORWARDING THIS TO COUNCIL WITH OUR RECOMMENDATION OF APPROVAL. SEEING NO OTHER DISCUSSION. PREPARE TO VOTE. 
          IT'S UP THERE NOW. THAT PASSES UNANIMOUSLY. ALRIGHTY. THAT WAS LAST ITEM ON OUR AGENDA. AND BEFORE WE GO, LET ME TELL YOU, THIS ITEM YOU WERE JUST HERE FOR GOES BEFORE CITY COUNCIL JUNE THE 2ND. THEY'RE THE FINAL DECIDERS ON IT. THAT WAS CORRECT, RIGHT? YEAH. YEAH. 
          THERE'LL BE ANOTHER NOTICE, BUT KEEP YOUR EYES OPEN. AND AND IF YOU HAVE ANY QUESTIONS, TALK TO STAFF. THEY'RE WONDERFUL PEOPLE. THEY'LL ANSWER YOUR QUESTIONS ABOUT YOUR SPECIFIC CONDITION. 
          ALL RIGHTY. AND A REMINDER THAT WE WILL HAVE NOT HAVE A MEETING IN TWO WEEKS BECAUSE OF THE MEMORIAL DAY HOLIDAY. SO IT IS 704 AND WE ARE ADJOURNED UNTIL JUNE 8TH. THANK YOU VERY MUCH.
* This transcript was compiled from uncorrected Closed Captioning.