Up in smoke? Future of downtown Myrtle Beach smoke shops in question after order
Some downtown Myrtle Beach shops could still lose their business licenses if they sell smoke or vape products in their stores.
That risk is in seeming contrast to comments last week by a lawyer representing some businesses who claimed they could sell their product.
Last year, Myrtle Beach passed an ordinance that created the Ocean Boulevard Entertainment Overlay district — it covers the area between Ocean Boulevard and Kings Highway from 6th Avenue South to 16th Avenue North.
The district bans smoke and vape shops, their products and marketing.
After the ordinance passed, several business owners filed suit, objecting to the ordinance provisions. The business owners also asked a federal judge to issue an order that would have halted enforcement in the district until the lawsuit could be decided.
Business owners argued the ordinance wasn’t fair as it didn’t apply to other parts of the city and was essentially the city taking their shops.
The law went into effect on Jan. 1.
A hearing was set for Jan. 9 on halting the law, but it was canceled. Reese Boyd, an attorney for some of the shops, said the sides reached an agreement that allowed the shop owners to continue to sell their product.
An order issued by Judge R. Bryan Harwell this week paints a different picture. The shop owners and city officials agreed to the order.
The order calls for the city to enforce the overlay district through zoning procedures. That means a zoning administrator or employee can inspect any premises in the zone and determine if it is following the rules, according to the order. If the shop is not compliant, it is notified in writing.
A shop owner can appeal the zoning decision, a process that could include hearings.
The result — according to the city’s ordinance for the overlay district — could be that noncompliant shops face suspension of their business licenses or not having them renewed.
Boyd wrote in an email that the agreement addressed the shop owners’ concerns that there would be ticketing or arrest or seizure of merchandise. He also added that “seizure/suspension of business license are off the table” for now.
Several shops in the overlay district were selling and advertising smoke and vape materials Wednesday afternoon.
This story was originally published January 16, 2019 at 8:30 PM.
