Nathan's Hot Dogs doesn't like Myrtle Beach's country music festival. Here's why.
Nathan's Famous Hot Dogs & Scoops Ice Cream is suing the City of Myrtle Beach and the organizers of the Carolina Country Music Festival due to road closures and loss of revenue during the annual event.
According to the suit, the restaurant receives most of its customers from 8th Avenue North, a street that is closed off to the public during the event by a 6-foot tall chain-link fence covered with cloth.
Large trucks, buses and other vehicles are encouraged to park on 8th Avenue North during the festival, the lawsuit alleges.
"The Plaintiff's customers and potential customers are left with only circuitous and difficult access to Restaurant," the suit reads. "As a result, the Plaintiff's sales and profits from the restaurant drop significantly during each Festival and the day after each Festival."
Now, owner's of Nathan's are saying the city should not be allowed to shut down a public street and use it as a parking lot in order to increase profits made from the festival.
"The Defendants have willfully and knowingly caused the Defendant to suffer," the suit reads.
With the street closed off, owners are alleging that they temporarily lost extra revenue that would be brought in by festival goes, the suit reads.
Due to the loss, Nathan's is asking for at least $30,000 plus attorney's fees as well as a permanent injunction to prevent "any future, wrongful closing or restricting of the public's access to the street," the suit reads.
On top of the allegations, the lawsuit states that during the 2016 festival, Nathan's set up a stand within the festival. According to the suit, vendor concession fees were waived.
However, cash and credit cards were not accepted at concession stands within the festival. Rather, a cashless system that was "supposed to have wirelessly monitored and documented all sales at that space, with the agreement that CCMF would promptly pay to the Plaintiff the total amount of those sales at the conclusion of the Festival," the suit reads.
The suit alleges that Nathan's did not receive any sales figures until after all three days of the festival had ended. The total received was short of the actual sales made, the suit states.
Nathan's has asked organizers of CCMF for $25,171 for the shortfall, but they have refused to pay it, according to the lawsuit.
Now, Nathan's is saying that they deserve the money in full, plus interest of 8.75 percent.
This year, CCMF is held from June 7 - 10 at the former Pavilion site in downtown Myrtle Beach.
This story was originally published April 25, 2018 at 4:13 PM with the headline "Nathan's Hot Dogs doesn't like Myrtle Beach's country music festival. Here's why.."