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State court of last resort · ST-VA-SC
Virginia Dep't of Health v. Kepa, Inc.
No. 140100Supreme Court of Virginia
140100 Virginia Dep't of Health v. Kepa, Inc. 01/08/2015 The Court of Appeals erred in construing the Virginia Indoor Clean Air Act to exempt from smoking restrictions a retailer of tobacco and tobacco product…
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140100 Virginia Dep't of Health v. Kepa, Inc. 01/08/2015 The Court of Appeals erred in construing the Virginia Indoor Clean Air A…
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- Supreme Court of Virginia
- First added here
- October 4, 2026
- Last entry
- January 8, 2015
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140100 Virginia Dep't of Health v. Kepa, Inc. 01/08/2015 The Court of Appeals erred in construing the Virginia Indoor Clean Air Act to exempt from smoking restrictions a retailer of tobacco and tobacco products operating as a hookah bar and café, despite the fact that it also serves food. Code § 15.2-2821 does not exempt the establishment from regulation under Code § 15.2-2825, because it is not exclusively a retail tobacco store. The General Assembly authorized the Virginia Department of Health to regulate smoking in "any restaurant," defined broadly as "any place where food is served," except as permitted by Code § 15.2-2825(A)(1) through (6). The judgment of the Court of Appeals is rever…
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