Virginia Dep't of Health v. Kepa, Inc.

PRESENT: Lemons, C.J., Goodwyn, Millette, Mims, McClanahan, and Powell, JJ., and Russell, S.J. VIRGINIA DEPARTMENT OF HEALTH OPINION BY v. Record No. 140100 JUSTICE WILLIAM C. MIMS January 8, 2015 KEPA, INC., d/b/a SHE-SHA CAFÉ AND HOOKAH LOUNGE FROM THE COURT OF APPEALS OF VIRGINIA In this appeal, we consider whether the Court of Appeals erred in construing the Virginia Indoor Clean Air Act to exempt a retailer of tobacco and tobacco products from regulation, despite the fact that it also serves food. I. BACKGROUND AND MATERIAL PROCEEDINGS BELOW A. Background Kepa, Inc. has owned and…