Sec. 53-302a. Employment of labor on Sunday prohibited; exceptions. Sunday sales.
Sec. 53-302a. Employment of labor on Sunday prohibited; exceptions. Sunday
sales. No person, firm or corporation shall engage in work, labor or business, or employ
others in work, labor or business on Sunday, except the following:
(a) Any enterprise whose activities are conducted solely for charitable or religious
purposes, or which are service organizations.
(b) Any federal, state, municipal or local governmental department or agency, or
its employees, acting in an official capacity.
(c) Any person, firm or corporation performing acts necessary for the public safety
or health.
(d) The sale or furnishing of any of the following items of personal property or
services by any person, firm or corporation in any of the businesses enumerated in
subsection (e), provided such person, firm or corporation sells such products or furnishes
such services in the ordinary course of its business: (1) Drugs, medical and surgical
supplies, or any object purchased on the prescription of a licensed practitioner for the
treatment of a patient; (2) toilet articles or any article used for personal cleanliness and
hygiene; (3) baby supplies; (4) ice; (5) newspapers, magazines, artists' supplies, films,
stationery and greeting cards; (6) any food products intended for human or animal consumption; (7) gasoline, fuel additives, lubricants, antifreeze and tires; (8) emergency
repair or replacement parts for motor vehicles, boats and aircraft; (9) emergency plumbing, heating, cooling and electrical repair and replacement parts and equipment; (10)
cooking, heating and lighting fuel; (11) tobacco products; and (12) antiques.
(e) The operation of any of the following businesses, provided such businesses may
sell only those items sold in the ordinary course of business of such businesses, unless
otherwise provided in this subsection, by any person, firm or corporation: (1) (A) Retail
food stores, in which no more than five persons, including the owner, if owner-operated,
are employed at one time in the conduct of business and which have less than five
thousand square feet not including storage facilities and ground space; (B) retail drug
stores, provided such stores shall be limited to the sale of items authorized in subdivisions
(1) to (6), inclusive, and (11) of subsection (d) of this section; and (C) servicing of
motor vehicles, motorcycles, boats and aircraft, but limited to the sale of items listed in
subdivision (7) and (8) of subsection (d) of this section, and emergency repairs to motor
vehicles, motorcycles, boats and aircraft; and provided further, each such store shall
post in such manner as to be clearly visible and easily read by customers a list of the
classes of goods which may be sold in or services rendered in such establishments; (2)
restaurants, cafeterias and other prepared food service organizations, whether food is
prepared for consumption on or off the premises where sold; (3) hotels, motels and other
lodging facilities; (4) medical services and other professional services on an emergency
basis; (5) ambulances and funeral services; (6) public services and utilities, manufacturing, processing and plant operations of such public services and utilities; (7) transportation by whatever means and supporting facilities; (8) cold storage warehousing; (9) ice
manufacturing and distributing; (10) necessary inspection, repair and maintenance of
equipment and machinery; (11) plant and industrial protection services and janitorial
services; (12) any business or industry which by its nature is required to be continuous;
(13) publishing, including the distribution of magazines and newspapers; (14) motion
picture theaters and the production of radio and television programs and theatrical entertainments; (15) sports, athletic events and the operation of entertainment and recreational
facilities and libraries; (16) sale or rental of boats, and swimming, fishing and boating
equipment; (17) scenic, historic and tourist attractions; (18) sale or lease of noncommercial property and mobile manufactured homes; (19) use by public of coin-operated laundries, of coin-operated dry cleaners, or other vending machines; (20) licensed commercial kennels or pet shops; (21) agriculture, including the operation of nurseries and
dairies; (22) athletic shops associated with and on the premises of athletic facilities
which operate on Sundays; (23) commercial facilities for the washing of motor vehicles,
motorcycles, boats or aircraft; and (24) manufacturing, including any allied operations
which are involved in the production of any product.
(f) This section shall not apply to isolated or occasional sales by persons not engaged
in the sale, transfer or exchange of property as a business.
(P.A. 76-415, S. 1; 76-435, S. 79, 81, 82; P.A. 78-329, S. 1; June Sp. Sess. P.A. 83-3, S. 1.)
History: P.A. 76-435 changed effective date of P.A. 76-415 from October 1, 1976, to date of passage; P.A. 78-329
specified applicability to firms or corporations and amended Subsec. (e)(21) to include dairies, added Subsec. (2)(24) re
manufacturing businesses and ddeleted proviso in Subsec. (1)(A) limiting stores to sale of "food products and nonalcoholic
beverages intended for human or animal consumption"; June Sp. Sess. P.A. 83-3 changed term "mobile homes" to "mobile
manufactured homes" in Subsec. (e)(18).
Proscription of business activities on Sunday held unconstitutional as violation of equal protection and due process.
177 C. 304. Cited. 229 C. 312.