MYRTLE BEACH, S.C. (WMBF) – Nine businesses along Ocean Boulevard are fighting against a zoning ordinance that prevents them from selling CBD and vape products.
The zoning ordinance, which went into effect Jan. 1, 2019, states that CBD and vape products are illegal to sell within the Ocean Boulevard Entertainment Overlay District, which runs from 16th Avenue North to 6th Avenue South, between the ocean and just east of Kings Highway.
City officials said the goal of the overlay was to make the area more “family-friendly.”
PAST COVERAGE: City council approves entertainment overlay district
An appeal against the zoning ordinance was filed on Friday.
The nine businesses listed as petitioners on the court documents are: Rasta, Wacky T’s, Doctor Vape, Blue Smoke Vape Shop, Best for Less, Grasshopper, Pacific Beachwear, T-Shirt King and Surf’s Up.
The appeal gives several arguments as to why the court should find the zoning ordinance illegal.
The petitioners claim it is unconstitutional because it takes away part of their business without due process.
The appeal also states that the ordinance was changed between the first and second reading, but no notice was given to the businesses about the changes.
“Specifically, the City of Myrtle Beach Council has added products and items to the list of banned products in the second reading which were not listed in the first reading. Petitioners respectfully submit that these amendments are illegal and without due notice being given to Petitioners,” the appeal states.
They also argued that the city council did not allow public comment about the changes to the ordinance, so it was illegally enacted.
The businesses added there is no rational basis for not allowing them to sell CBD and vape products, but other businesses throughout the city are able to.
“The City offers no proof that the public health, safety or general welfare are affected by these businesses selling the same products which can be sold across the street from them,” the appeal states.
The appeal asks the court to find that the zoning ordinance is illegal and that the businesses can be allowed to sell those products.