HB 5328
Relating to regulatory classification of bars, taverns, and restaurants.
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- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill aims to clarify the regulatory classification of bars, taverns, and restaurants in West Virginia. It establishes specific criteria for determining whether an establishment is classified as a restaurant or a bar/tavern, moving away from solely relying on menu offerings. The bill also introduces standards for commercial wastewater and septic system oversight, emphasizing the use of nationally recognized standards and limiting local health departments’ authority over technical aspects of septic system design. Finally, it ensures that drain-field systems are evaluated based on their performance and technology.
Key provisions
- Defines ‘restaurant,’ ‘bar,’ and ‘fast-food restaurant’ based on gross receipts and business operations.
- Prohibits classifying establishments solely on the basis of food items offered.
- Establishes commercial wastewater and septic system standards based on business category.
- Limits sanitation authority over septic system design and engineering.
- Recognizes distinct categories of drain-field systems (conventional and chamber).
- Requires drain-field sizing and setback requirements to reflect system performance.
- Mandates rulemaking by the Department of Health within 180 days, aligning with engineering standards.
- Specifies that rules should be limited to wastewater output and system performance.
Who is affected
- Bars and taverns
- Restaurants
- Commercial establishments
- Local health departments
- Septic system installers and designers
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