A hearing regarding the Myrtle Beach downtown CBD ordinance and business owners’ request for a temporary restraining order was canceled.
It was scheduled to happen Wednesday afternoon in Florence at the federal courthouse.
We sent News13’s Maggie Lorenz there to attend the hearing, but when she got there, she found out it was canceled.
Attorney Reese Boyd, who represents the business owners, told News13 ahead of Wednesday’s scheduled hearing that both sides reached a formal agreement regarding the temporary restraining order, which is why they canceled the hearing.
He says the business owners were worried about the city enforcing its ordinance that bans the sale of CBD products, e-cigs, and edibles.
Business owners were concerned about getting ticketed or fined, so they wanted a temporary restraining order on the ordinance.
The lawsuit that the downtown business owners filed in December is still active and ongoing.
News13 reached out to contacts at the City of Myrtle Beach and the city’s attorney, who all said they have no comment or had no information to provide.
The formal consent that both sides reached should be made publicly available by the end of this week or early next week.
Myrtle Beach city officials have answered the lawsuit filed by business owners. They say the causes of action should be dismissed and deny the allegations in the original lawsuit.
A court document filed on January 15 details how the city will enforce the ordinance, saying in part:
“Whereas the City of Myrtle Beach has agreed to enforce the OBEOD Ordinance and or any amendments solely through use of its zoning ordinance administrative procedures. The City of Myrtle Beach’s enforcement commitment means that the City Zoning Administrator or his designee may inspect any premises in the overlay zone to make a determination on whether the use of the premises is a conforming or nonconforming use under the OBEOD. If the Zoning Administrator determines that the use of the premises constitutes a nonconforming use for the overlay district, he will notify the business owner in writing. The business owner may then appeal the zoning administrator’s decision in accordance with Title 6, Chapter 28 of the S.C. Code of Laws. If the business owner who has been notified in writing by the Zoning Administrator chooses to not appeal the Zoning Administrator’s determination of nonconformity within the 30 day time allowed for making an appeal, the determination of the Zoning Administrator shall then become a final determination of nonconformity and may be enforced by the Zoning Administrator according to the terms of the Ordinance. However, if the business owner who has been notified by the Zoning Administrator of a nonconformity under the OBEOD Ordinance chooses to appeal the Zoning Administrator’s determination of nonconformity within the 30 day time allowed for making an appeal, the City’s administrative procedures will then be observed until such time as a final determination is made and all appeals have been exhausted in connection with the Zoning Administrator’s determination of nonconformity of the particular business.”
This full court document can be read here.
