This bill proposes the addition of a new article to the Code of West Virginia, focusing on the regulatory classification of bars, taverns, and restaurants, as well as establishing standards for commercial wastewater and septic system oversight. It defines key terms such as "restaurant," "bar," "fast-food restaurant," and "commercial entertainment venue," and outlines that regulatory classification should not be based solely on menu offerings but rather on actual business operations, including gross receipts and customer service dynamics. The bill also mandates that the Department of Health utilize recognized water-consumption standards for determining wastewater and septic system requirements, ensuring that bars and taverns are not subjected to full-service restaurant standards unless their food sales meet specific thresholds.

Additionally, the bill limits the authority of the sanitation division of the Department of Health over septic systems, stipulating that design and approval must be conducted by licensed professionals. It recognizes different categories of drain-field systems and establishes performance standards that must be adhered to, preventing the imposition of a single low-performance standard across all systems without technical justification. The Department of Health is tasked with promulgating rules consistent with the new article within 180 days, ensuring that these rules do not exceed the authority granted by the article and are based on recognized engineering standards.

Statutes affected:
Introduced Version: 16-2S-1, 16-2S-2, 16-2S-3, 16-2S-4, 16-2S-5, 16-2S-6