578.100. Selling goods on Sunday, penalty--certain counties may be exempted from prohibition--procedure--duty of revisor of statutes. - Missouri Statutes

Selling goods on Sunday, penalty--certain counties may be exemptedfrom prohibition--procedure--duty of revisor of statutes.

578.100. 1. Whoever engages on Sunday in the business of selling orsells or offers for sale on such day, at retail, motor vehicles; clothing andwearing apparel; clothing accessories; furniture; housewares; home, businessor office furnishings; household, business or office appliances; hardware;tools; paints; building and lumber supply materials; jewelry; silverware;watches; clocks; luggage; musical instruments and recordings or toys;excluding novelties and souvenirs; is guilty of a misdemeanor and shall uponconviction for the first offense be sentenced to pay a fine of not exceedingone hundred dollars, and for the second or any subsequent offense be sentencedto pay a fine of not exceeding two hundred dollars or undergo confinement notexceeding thirty days in the county jail in default thereof.

2. Each separate sale or offer to sell shall constitute a separateoffense.

3. Information charging violations of this section shall be broughtwithin five days after the commission of the alleged offense and notthereafter.

4. The operation of any place of business where any goods, wares ormerchandise are sold or exposed for sale in violation of this section ishereby declared to be a public and common nuisance.

5. Any county of this state containing all or part of a city with apopulation of over four hundred thousand may exempt itself from theapplication of this section by submission of the proposition to the voters ofthe county at a general election or a special election called for thatpurpose, and the proposition receiving a majority of the votes cast therein.The proposal to exempt the county from the provisions of this section shall besubmitted to the voters of the county upon a majority vote of the governingbody of the county or when a petition requesting the submission of theproposal to the voters and signed by a number of qualified voters residing inthe county equal to eight percent of the votes cast in the county in the nextpreceding gubernatorial election is filed with the governing body of thecounty. The ballot of submission shall contain, but not be limited to, thefollowing language: â ã FOR the exemption of ........ County from the Sunday sales law â ã AGAINST the exemption of ........ County from the Sunday sales law If amajority of the votes cast on the proposal by the qualified voters votingthereon in the county are in favor of the proposal, then the provisions ofthis section shall no longer apply within that county. If a majority of thevotes cast on the proposal by the qualified voters voting thereon in thecounty are opposed to the proposal, then the provisions of this section shallcontinue to apply and be enforced within that county. The exemption of anycounty from the provisions of this section shall not become effective in thatcounty until the results of the vote exempting the county have been filed withthe secretary of state and with the revisor of statutes and have beencertified as received by those officers. The revisor of statutes shall notewhich counties are exempt from the provisions of this section in the Missourirevised statutes.

6. In addition to any other method of exemption provided by law, thegoverning body of any county of this state may exempt itself from theapplication of this section by order or ordinance of the governing body of thecounty after public hearing upon the matter. Such public hearing shall bepreceded by public notice which shall, at a minimum, be published at leastthree different times in the newspaper with the greatest circulation in thecounty. Upon such order or ordinance becoming effective, such county shall beexempt from the provisions of this section and no election or other method ofexemption shall be required. The exemption of any county from the provisionsof this section by order or ordinance shall not become effective in thatcounty until the order or ordinance has been filed with the secretary of stateand the revisor of statutes and has been certified as received by thoseofficers. The revisor of statutes shall note which counties are exempt fromthe provisions of this section in the Missouri revised statutes.

(L. 1963 p. 685 § 1, A.L. 1977 H.B. 21, A.L. 1993 S.B. 157 & 29 merged with S.B. 180)

*Transferred 1978; formerly 563.721

Revisor's note: At 8:45 a.m., November 10, 1977, results of elections held in Jackson, Clay and Platte counties were filed with the Revisor's office showing that the electors of each of the counties of Jackson, Clay and Platte have voted to exempt each of these counties from the provisions of this section.

(1964) Sunday sales law upheld against charge that it was unconstitutional as being a special law, containing unreasonable, arbitrary and discriminatory classifications in violation of plaintiffs' right to equal rights and opportunities under the law; and depriving plaintiffs of liberty and property without due process of law. GEM Stores, Inc. v. O'Brien (Mo.), 374 S.W.2d 109.

(1964) Constitutionality of Sunday sales act upheld against the charge that it is so vague and indefinite that citizens cannot ascertain or be informed of its meaning contrary to the due process provision of Art. I, § 10 of the constitution, and in violation of the right of a person accused in a criminal proceeding to demand the nature and cause of the accusation against him as provided by Art. I, § 18(a) of the constitution. State ex rel. Eagleton v. McQueen (Mo.), 378 S.W.2d 449.

(1973) Held, retail furniture store which was open to public on Sunday but which did not sell or offer to sell or reserve merchandise for later sale was not in violation of statute prohibiting the sale of restricted items on Sunday. State ex rel. McNary v. Levitz Furniture Co. of Missouri, Inc., (A.), 502 S.W.2d 370.