department and planning commission, joseph duffy, senior building inspector representing d.b.i., valerie lopez, office of the city attorney, representing the department of public health, and jillian gillette, representing the department of san francisco city street on us and mapping. the board requests that you turnoff or silence all phones and electronic devices so they will not disturb the proceedings. please carrie on conversations in the hallway. the rules of presentation are as follows. appellants, permit holders and respondent are each given seven minutes to present their case and three minutes for rebuttal. people affiliated with these parties must conclude their comments within the seven or three-minute periods. please speak into the microphone. to assist the board in the accurate preparation of minutes, you are asked, but not required, to submit a speaker card or business card to board stuff when you come up to speak. speaker cards are available on the left side of the podium. if you have questions about requesting a rehearing, or board schedules, please speak to the board staff durin

so like miss valerie lopez was saying, if you have a retail food facility, if you have a tobacco shop, if you have a kr cigar bar smoking bar, those are the exceptions that you can do that. there's no exception for a gas station. >> commissioner tanner: so you're saying if the previous owner had continued to sell tobacco, sold the business, that the new permit holder would have to apply for application, and there's no guarantee that they would be a -- >> no. >> commissioner tanner: say it again. >> the reason they're being denied is the reason there's a school or another tobacco retail establishment nearby. so in this case, if the school -- if that wasn't an issue, we would grant the permit because we got the research back from the planning department and it shows that. >> commissioner tanner: this thing is if it qualifies under those four categories and is within those boundaries, they could still get it under the exception, those exceptions within those buffer zones, essentially. 'cause what you're saying it there's a restriction -- is there's a restriction because of the school and