HB 5328 West Virginia House of Delegates · 2026 Regular Session

Relating to regulatory classification of bars, taverns, and restaurants.

HB 5328 clarifies how bars, taverns, and restaurants are regulated by defining them based on actual business operations - like primary revenue source (food vs. alcohol sales) - not just menu offerings. It prohibits classifying establishments as restaurants solely for serving limited food and sets specific wastewater standards by business type (e.g., bars cannot be held to full-service restaurant wastewater rules unless food sales exceed 50% of revenue). The bill also requires professional engineers, not health departments, to oversee septic system design and performance, ensuring standards reflect technology differences. These changes aim to reduce regulatory confusion for businesses while aligning with nationally recognized engineering practices.
Bill status in committee 1 of 4 stages cleared
Introduction
Feb 2026
Committee Review
Floor Vote
Governor
Introduced Feb 9, 2026 Last action Feb 9, 2026
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Total actions
4
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0
Committee
1
Feb 9, 2026
Committee
To House Energy and Public Works
lower
Feb 9, 2026
Introduced
Introduced in House
lower
1 primary · 1 co-sponsor

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