Back to court: Ocean Blvd. stores fight with Myrtle Beach over CBD, tobacco sales
Ocean Boulevard stores that sell tobacco, vape and CBD products are again taking their fight with Myrtle Beach to court as they try to continue to operate without repercussions.
Nine downtown shops filed late Friday an appeal in Horry County court to a decision by the city’s Board of Zoning appeals that essentially backed a city ordinance banning tobacco and CBD goods. Appeals from city boards are typically taken to the circuit court level.
In 2018, 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.
After the ordinance passed, several business owners filed a federal suit, objecting to the ordinance provisions. That suit was later “settled,” though it still left the city with the power to revoke business licenses if the stores continued to sell tobacco, vape and CBD products.
The Myrtle Beach Board of Zoning Appeals heard about the issue during its Oct. 10, 2019 meeting, according to court records. Several businesses were trying to overturn citations by the city’s zoning administrator for selling the products.
The board rejected those efforts in a filing dated Jan. 16, 2020.
“Each of the appellants has engaged and presently engages in business uses that are in violation of one or more of the prohibited uses,” the filing notes.
The nine business owners noted the city’s decision is essentially taking their businesses, according to court paperwork.
The shops contend in their circuit court appeal that the city improperly enacted the ordinance as it did not allow public comment about changes made after the first reading. The law also did not grandfather in existing businesses that had sold the products for years.
Myrtle Beach’s ban also applied only to the district and not other parts of the city, according to the filing. It even notes that someone could sell across the street and not be in violation.
“The city offers no proof that the public health, safety or general welfare are affected by these businesses selling the same product which can be sold across the street from them,” the stores argue.
The nine stores asked a judge to rule they are grandfathered in under the law and to allow them to sell the products.
City spokesman Mark Kruea said the city does not typically comment on ongoing litigation.
This story was originally published January 31, 2020 at 5:22 PM.
