SALEM, Va. – A Roanoke-based business owner wanted to bring his smoke shop to Electric Road in Salem, but city leaders said no.
The proposed Huff N Puff store met state guidelines and had customer support, but Salem’s City Council ultimately voted to reject the plan, citing concerns about oversaturation and the future of prime commercial space. Now, the decision is reigniting questions about how the city enforces its zoning laws and who gets to open shop in Salem.
“It’s not about the business or expanding, it’s about the people,” Huff N Puff owner, Antoon Nasser, said. “We’ve had a lot of requests from Salem’s people like, ‘Hey we need you there, please’ and we’re trying. So, we’ll see.”
Although close, the proposed Electric Road location is not within 1,000 feet from the nearest school or daycare, meeting the minimum distance set by new state law. But city officials say that isn’t the only consideration.
In 2024, Virginia lawmakers granted localities more authority to regulate where tobacco, nicotine, and hemp-related businesses can open. In response, Salem adopted new zoning requirements, particularly Salem City Code, Sec. 106-310.25. Now, smoke shops must keep their products out of public view from neighboring properties and receive special approval from Council.
Nasser, who operates other Huff N Puff locations in Roanoke, Vinton, Daleville, and Lynchburg, says he’s familiar with the regulations and already follows them at his other stores.
“I know some rules about smoke shops, no LED signs, no cigarette posters or nothing,” Nasser said. “Like people who are underage, they can’t see it. But we really follow the law.”
The shop would have been located just a few doors down from two other existing smoke shops, Hilltop Smoke Shop and Cardinal Tobacco, something city officials on the Planning Commission say raised concerns about over-saturation in a key commercial corridor.
The owner of the property, Steve Hartman, pushed back during Monday’s hearing, arguing that competition is healthy and could even help improve business quality in the area.
“It’s good for the competition,” Hartman said. “I think it’ll run one of those two out, it’s probably a good thing from what I’ve observed at that one location. Not all tobacco shops are the same.”
Despite the arguments in support, Salem City Council ultimately voted to deny the permit.
“I just didn’t think it was the best use of that property. It was as simple as that,” said Councilmember Randy Foley. “The property owner is a wonderful guy, and the young lady who presented as the potential manager did a great job, but again I just don’t think it’s the best use.”
Nasser maintains the demand from Salem customers is what drove his interest in opening the store. He says he plans to appeal the city’s decision.
“I’m not too close to any churches, or schools, or high schools, or colleges, which is a good thing,” Nasser said. “I should be able to qualify.”
Monday’s vote marks the first time Salem City Council has ruled on a smoke shop request since the state passed legislation limiting smoke shop’s proximity to schools, daycares, and other sensitive areas. Sparking more questions about just how the new state law works and how much latitude a city has to deny.