Bill > HB5328

This bill clarifies the regulatory classification of establishments like bars, taverns, and restaurants by defining them based on their primary business and revenue sources, rather than just the food items they offer, meaning a place selling some food won't automatically be classified as a restaurant if its main income comes from alcohol sales. It also prohibits agencies from classifying businesses as restaurants solely based on menu items, instead requiring consideration of actual operations like revenue, customer dwell time, and service hours. Furthermore, the bill mandates that commercial wastewater and septic system standards be based on nationally recognized averages and specific business categories, preventing bars and taverns from being regulated under stricter full-service restaurant standards unless their food sales meet a defined threshold. Finally, it limits the authority of sanitation divisions over septic system design and installation, requiring these aspects to be handled by licensed professionals, and ensures that drain-field system regulations acknowledge different technologies and their performance capabilities, preventing the imposition of a single, lowest-performance standard across all systems without technical justification.

Transportation and Infrastructure

http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=5328&year=2026&sessiontype=RS&btype=bill