Kepa, Inc., d/b/a She-Sha Café and Hookah Lounge v. Virginia Department of Health
She-Sha Café and Hookah Lounge, a retail store and restaurant, appealed a lower court decision that held the café was not exempt from the state law governing smoking indoors. Under the law, retail tobacco stores, warehouses, and manufacturing facilities are exempt from the law; however, the law applies to restaurants and bars. The appellate court overturned the lower court’s decision, holding that a retail tobacco store that is also a restaurant is exempt from the provisions of the state law. The court reasoned that, as a matter of statutory interpretation, it was apparent that the state legislature intended to exempt all retail tobacco stores from the provisions of the law governing smoking indoors, even when that store also operates as a restaurant. The court declined to define the term “tobacco retail store” or set a threshold at which the sale of tobacco becomes ancillary to a restaurant’s primary business of selling food products.
Kepa, Inc. v. Virginia Dept. of Health, 740 S.E.2d 26 (Va. Ct. App. 2013).
Government, through its agencies and officials including prosecutors, may seek to enforce its health laws. For example, the government may revoke the license of a retailer that sells tobacco products to minors. These cases may also directly involve the tobacco industry, for example, a government might impound and destroy improperly labeled cigarette packs.
A single or multi-stemmed instrument for vaporizing and smoking flavored tobacco (shisha or sheesha) or other products in which the vapor or smoke is passed through a water basin ‒ often glass-based ‒ before inhalation. Water pipes are known by a variety of names such as hookah, huqqah, nargilah, nargile, arghila, and qalyan.
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"Thus, based on the evidence before us and the Department's concessions, there can be no dispute that She-Sha is engaged in the retail sale of tobacco and that it is, at minimum, both a retail tobacco store and a restaurant. The dispute arises as to whether She-Sha is exempt from regulation as a restaurant under the VICAA because of its concurrent operation as a retail tobacco store. This presents us with a question of statutory construction. ... As written, it is readily apparent that the General Assembly sought to exempt retail tobacco stores from all provisions of the VICAA. She-Sha is unquestionably a retail tobacco store. Therefore, She-Sha is exempt from the provisions of the VICAA, including Code § 15.2-2821."
Limitations regarding the use of quotes The quotes provided here reflect statements from a specific decision. Accordingly, the International Legal Consortium (ILC) cannot guarantee that an appellate court has not reversed a lower court decision which may influence the applicability or influence of a given quote. All quotes have been selected based on the subjective evaluations undertaken by the ILC meaning that quotes provided here may not accurately or comprehensively represent a given court’s opinion or conclusion, as such quotes may have originally appeared alongside other negative opinions or accompanying facts. Further, some quotes are derived from unofficial English translations, which may alter their original meaning. We emphasize the need to review the original decision and related decisions before authoritatively relying on quotes. Using quotes provided here should not be construed as legal advice and is not intended to be a substitute for legal counsel on any subject matter in any jurisdiction. Please see the full limitations at https://www.tobaccocontrollaws.org/about.
She-Sha Café and Hookah Lounge, a retail store and restaurant, appealed a lower court decision that held the café was not exempt from the state law governing smoking indoors. Under the law, retail tobacco stores, warehouses, and manufacturing facilities are exempt from the law; however, the law applies to restaurants and bars. The appellate court overturned the lower court’s decision, holding that a retail tobacco store that is also a restaurant is exempt from the provisions of the state law. The court reasoned that, as a matter of statutory interpretation, it was apparent that the state legislature intended to exempt all retail tobacco stores from the provisions of the law governing smoking indoors, even when that store also operates as a restaurant. The court declined to define the term “tobacco retail store” or set a threshold at which the sale of tobacco becomes ancillary to a restaurant’s primary business of selling food products.