Apr 20, 2023

Prohibition of Vape and CBD Sales in Myrtle Beach Area Stores: The Latest Ruling Explained

In recent news, the South Carolina Supreme Court has ruled that the City of Myrtle Beach can prohibit the sale of smoke shops, tobacco stores, tobacco paraphernalia, cannabis products, and merchandise displaying sexually-oriented materials. This ruling has stirred up controversy among local business owners and residents, as it may lead to the prohibition of vape and CBD sales in certain stores.



Background Information

The City of Myrtle Beach established the Ocean Boulevard Entertainment Overlay District in 2018, which stretches from 6th Avenue South to 16th Avenue North. This district was established to create a more family-friendly environment in the downtown area. However, the ordinance affects 25 stores in the area that sell various products, including tobacco, vape, and CBD.

The City of Myrtle Beach spokesperson, Mark Kruea, stated that the ordinance has not been enforced during the litigation process. However, now that the South Carolina Supreme Court has ruled in favor of the city, the businesses will need to come into compliance. This has sparked concerns among store owners who have been selling these products for years.

The Impact on Local Businesses

Nine of the 25 stores affected by the ordinance sued the City of Myrtle Beach, claiming that they cannot be stopped from selling certain products in one part of the city. Some store owners were not even aware of the ruling until asked for comment by ABC15, and many have expressed frustration that the city is stopping them from selling products they have been selling for years.

Furthermore, some store owners argue that prohibiting the sale of these products does not necessarily mean that the activities involving those products will stop. This has led to concerns about the impact on local businesses, such as Blue Vape LLC, which would be out of business due to the ruling. Gene Connell, the attorney representing store owners suing the City of Myrtle Beach, believes that this ruling would be a taking of their business and plans to file for reconsideration.

The Ruling

The justices with the state Supreme Court ruled that the city law is constitutional, which means that the prohibition of certain products in certain stores will take effect. However, there is a version of this case also moving through the federal court system as well, which may lead to further developments in the future.

Conclusion

In conclusion, the recent ruling by the South Carolina Supreme Court regarding the prohibition of smoke shops, tobacco stores, tobacco paraphernalia, cannabis products, and merchandise displaying sexually-oriented materials has caused concerns among local businesses and residents. The ordinance affects 25 stores in the Ocean Boulevard Entertainment Overlay District, including those that sell vape and CBD products. While some argue that this will lead to a more family-friendly environment, others believe that it will negatively impact local businesses. As the federal court system continues to weigh in on the matter, it remains to be seen how this ruling will ultimately impact the downtown Myrtle Beach area.

FAQs

  • What products will be prohibited from being sold in Myrtle Beach area stores?
    Smoke shops, tobacco stores, tobacco paraphernalia, cannabis products, and merchandise displaying sexually-oriented materials will be prohibited.

  • How many stores are affected by the ordinance in the Ocean Boulevard Entertainment Overlay District?
    25 stores are affected by the ordinance.

  • Why was the Ocean Boulevard Entertainment Overlay District established?
    The district was established to create a more family-friendly environment in the downtown area.

  • Can local businesses continue to sell vape and CBD products?
    It depends on whether they are included in the affected stores and how they come into compliance with the ordinance.

  • Is there any hope for local businesses affected by the ruling?
    The attorney representing store owners suing the City of Myrtle Beach plans to file for reconsideration, and there is also a version of the case moving through the federal court system, which may lead to further developments in the future. However, the impact on local businesses remains to be seen.

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