SC could throw the brakes on Myrtle Beach’s smoke shop ban but city is pushing forward
Myrtle Beach planning officials are forging ahead with plans to rezone smoke and vape shops despite state lawmakers recently approving legislation that would restrict local municipalities from placing additional regulations on cigarettes and vaping products.
“We are moving forward as gently as possible until we are told otherwise,” City Planner Allison Hardin said at Tuesday’s Planning Commission meeting. “Until we are told we can’t go forward, the process will go forward.”
After the city council passed an ordinance last month temporarily banning the city from granting permits to businesses selling CBD oil, electronic cigarettes and tobacco paraphernalia, as well as shops primarily selling cigars, cigarettes and/or tobacco, the planning commission was tasked with evaluating the zoning code to find an appropriate area for vape and smoke shops to operate.
They also will determine if there should be any regulations on the location and whether current businesses should be grandfathered in under the potential new zoning ordinance. While smoke and vape shops currently in business won’t be affected by the current city ordinance, they will have one year to make changes if city officials approve certain regulations following the planning commission’s study.
“The moratorium does not seek to eliminate it from the city limits,” Hardin said. “It seeks to put it in appropriate zones, same as we did with the tattoo parlors before they were made legal in South Carolina, same as with piercing parlors.”
While city officials hope to join several other municipalities throughout the nation regulating tobacco and vaping products, a bill in the state House that was approved by an overwhelming margin last week could prevent that. Legislation would restrict local bans on ingredients, flavors, or the licensing of tobacco products.
With state lawmakers debating the tobacco bill for over an hour, supporters believe legislation would uniform tobacco laws statewide instead of allowing local governments to create their own ordinances. This comes after state officials passed a law banning minors from entering vape shops.
As the bill heads to the state Senate for a vote, Mayor Brenda Bethune asked planning members to encourage state officials to vote against legislation, explaining that the statewide ban “got lumped into the tobacco bill.”
“I’ve sent letters today asking them to vote ‘no’ against it,” Bethune said. “For the reason being that for us as a tourist destination, these types of entities affect our image more than it does a small rural community that may have one or two. I think they fail to realize that we could end up with 50 along Kings Highway.”
Hardin said there are roughly two dozen vape shops in Myrtle Beach, informing planning officials that other municipalities that double in population have fewer shops.
“Well, that’s alarming,” planning member Joyce Karetas said.
Hardin said it’s important to contain the situation before the city becomes saturated with vape shops. Planning officials must deliver their recommendations to council by Jan. 1, but Hardin believes the commission will have something ready much sooner.
“We plan on doing that sooner than that as we get to the point where we have an ordinance to review,” Hardin said. “Unless, of course, we are blocked by state law.”
This story was originally published February 21, 2019 at 9:09 AM.