West Virginia Code § 16-6-3

Hotel and restaurant defined; hotels and restaurants not subject to
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provisions of article.
For the purpose of this article, every building where food and lodging are usually furnished
to guests and payment required therefor shall be deemed a hotel, and every place where
food without lodging is usually furnished to guests and payment required therefor shall be
deemed a restaurant. But the provisions of this article, except those of sectieons twenty and
twenty-two, shall not apply to any hotel wherein there are fewer than ten bed chambers, nor
to any hotel known as a "summer hotel" which is not open for guests frrom November
fifteenth to May fifteenth. The provisions of this article shall not apply to temporary food
sales, not exceeding two weeks in length, by religious, educational, charitable or nonprofit
organizations.

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