Kepa, Inc. d/b/a She-Sha Café and Hookah Lounge v. Virginia Department of Health

UPON A REHEARING EN BANC.

PETTY, Judge.

Kepa, Inc., doing business as She-Sha Café and Hookah Lounge (“She-Sha”), appeals from an order of the trial court upholding the decision of the Virginia Department of Health (“Department”) that She-Sha is not exempt from the regulations 1 of the Virginia Indoor Clean Air Act (“VICAA”). A divided panel of this Court held that She-Sha was not exempt from the regulations of the VICAA and accordingly affirmed the trial court’s decision. Kepa, Inc. v. Va. Dep’t of Health, 61 Va.App. 696, 740 S.E.2d 26 (2013). We subsequently granted She-Sha’s petition for…