Bary said that the Brousseaus could either stop selling retail items, including beer and wine not made there, or they could apply for a zone change.
Bary said she reviewed the business there when Andre Brousseau tried to apply for a building permit to put up a storage shed. She said she told Brousseau that his conditional use permit had to be amended.
The footers on the storage shed were poured. P&Z put a stop work order on the building on Aug. 3.
When the Brousseaus built the winery, Bary told them that it would be exempt because it was an agricultural use.
Bary also said she was told the building would be used for making wine and had no idea that it was set up to cater functions.
A conditional use permit was required to run the bed-and-breakfast next door.
When the Brousseaus applied for that permit in 1997, they said the purpose was to have the inn, a pottery studio, educational and historical tours of the buildings and grounds, workshops on herbs, nutrition and crafts and the sale of agricultural and craft products made on-site.
Bary said that did not allow the sale of anything, including beer, wine glasses and local art, if it wasn't made at Old Crow Inn.
Bary wrote to Brousseaus on July 30, "The granting of the license by the Alcoholic and Beverage Control to sell malt beverages in association with the winery does not exempt the property from the local zoning ordinance."