578.106. City of St. Louis, certain areas, may be exempt from Sunday sales law, procedure--exception--limitation. - Missouri Statutes

City of St. Louis, certain areas, may be exempt from Sunday sales law,procedure--exception--limitation.

578.106. 1. The governing body of any city not within acounty may, by ordinance, exempt areas of the city located withintwo thousand five hundred yards of a convention center owned bythe city or within two thousand five hundred yards of a municipalauditorium owned by the city, or either of such areas, or partsof either or both of such areas, from the application of section578.100. The ordinance of exemption shall specifically definethe area or areas to be exempted and upon passage of suchordinance and filing with the secretary of state and the revisorof statutes, the provisions of section 578.100 shall no longerapply within the designated area or areas of the city but shallcontinue to apply and be enforced in all parts of the city notincluded within the designated area or areas. However, the saleof automobiles shall not be permitted within the exempted area orareas. The governing body of any city adopting an ordinancepursuant to this section shall file a copy of such ordinance withthe secretary of state and with the revisor of statutes and suchofficer shall certify the receipt of the ordinance. The revisorof statutes shall note in the Missouri revised statutes that anarea or areas of the named city are exempt from the provisions ofsection 578.100.

2. Following the effective date of any exemption adoptedpursuant to subsection 1 of this section, no person who leasesany structure, or portion thereof, within the area to which suchexemption applies to any person engaged in selling merchandise atretail, may include in the lease, contract, or other documentgoverning such lease any provision which would, directly orindirectly, require the lessee to open his business to thegeneral public on Sundays.

3. Following the effective date of any exemption adoptedpursuant to subsection 1 of this section, no lease, contract, orother document governing the lease of any structure, or portionthereof, to any person engaged in selling merchandise at retail,which was in effect prior to the date of such exemption shall beinterpreted to require the lessee to open his business to thegeneral public on Sundays if the lessee was not required to openhis business to the general public at the time he signed suchlease, contract, or other document.

4. If any portion of this section is found by a court ofcompetent jurisdiction to be unconstitutional, all remainingportions of this section shall remain valid unless the courtfinds that the valid provisions of this section are soessentially and inseparably connected with the invalid provisionthat they cannot stand alone.

(L. 1983 S.B. 391)

Revisor's notes: On October 6, 1983, the ordinance passed by the Board of Aldermen of the City of St. Louis on October 5, 1983, was filed with the Revisor's office. The ordinance defined the area of that city to be exempted from the provisions of section 578.100.