’An overreach by state government’: Myrtle Beach stands against SC law, vaping limits
Myrtle Beach officials are fighting back against state lawmakers who recently approved legislation that would restrict local municipalities from placing regulations on cigarettes and vaping products.
As the Myrtle Beach City Council works to regulate smoke and vape shops throughout the community, a bill in the Statehouse received overwhelming approval earlier this month to prevent municipalities from placing bans on ingredients, flavors, or the licensing of tobacco products.
With the bill awaiting approval from the State Senate, the city council unanimously voted on Tuesday to oppose the legislation, asserting that creating laws and enacting bans within a specific municipality should be decided by local officials.
“There is a legitimate difference between how communities see it and are impacted by this issue. We think that the circumstances differ widely by community,” City Manager John Pedersen said. “In Myrtle Beach, where it’s dependent on tourism, it’s an entirely different thing if they appear on every block on every corner.”
There are roughly two dozen smoke shops operating in Myrtle Beach, according to City Planner Allison Hardin.
This decision comes after the city council passed an ordinance last month temporarily banning the city from granting permits to businesses selling CBD oil, electronic cigarettes, tobacco paraphernalia, as well as shops primarily selling cigars, cigarettes and/or tobacco. The ordinance was passed on to the Planning Commission, which has until the end of the year to find an appropriate area for vape and smoke shops to operate within the city code.
It 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.
City Attorney Thomas Ellenburg explained that the city needs the ability to manage the proliferation of vape shops and the health issues concerning the ingestion of tobacco and marijuana.
Myrtle Beach Police Chief Amy Prock informed city officials earlier during Tuesday’s meeting that an investigation revealed that edibles and other tobacco products found in some shops on Ocean Boulevard tested positive for THC. Ellenburg said S.C. Law Enforcement Division tested 11 samples and eight tested positive for THC.
“We need to be able to address the dispersal and the management of these types of businesses in a meaningful way,” Ellenburg said. “Not a suppression, not a ban, but management.”
State officials in support of the tobacco bill believe it would uniform tobacco laws statewide instead of allowing governments to create their own ordinances. This comes after state officials passed a law banning minors from entering vape shops.
“I think no matter where you stand on vape shops, this is a home rule issue and an overreach by the state government,” Councilman Gregg Smith.
This story was originally published February 27, 2019 at 2:34 PM.
