Selling goods on Sunday, penalty
In Missouri, selling certain items on Sunday at retail stores is against the law. These items include things like cars, clothes, furniture, tools, jewelry, and toys. Breaking this law is a misdemeanor — the first time someone is caught, they can be fined up to $100, and each time after that, up to $200 or up to 30 days in jail. However, a county can vote to opt out of this rule, or the county's governing body can pass an order to exempt itself after holding a public hearing.
578.100. Selling goods on Sunday, — certain counties may be ed from prohibition — procedure — duty of . — 1. Whoever engages on Sunday in the business of selling or sells or offers for sale on such day, , motor vehicles; clothing and wearing apparel; clothing accessories; furniture; housewares; home, business or 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 and shall upon for the first be sentenced to pay a fine of not exceeding one hundred dollars, and for the second or any subsequent offense be sentenced to pay a fine of not exceeding two hundred dollars or undergo not exceeding thirty days in the county jail .
2. Each separate sale or offer to sell shall constitute a separate offense.
3. charging violations of this section shall be brought within five days after the of the alleged offense and not thereafter.
4. The operation of any place of business where any goods, wares or are sold or exposed for sale in violation of this section is hereby declared to be a .
5. Any county of this state containing all or part of a city with a population of over four hundred thousand may exempt itself from the of this section by of the to the voters of the county at a general or a special election called for that purpose, and the proposition receiving a majority of the votes cast therein. The proposal to exempt the county from the of this section shall be submitted to the voters of the county upon a majority vote of the of the county or when a requesting the submission of the proposal to the voters and signed by a number of residing in the county equal to eight percent of the votes cast in the county in the next preceding is filed with the governing body of the county. The shall contain, but not be limited to, the following language:
6. In addition to any other method of provided by law, the governing body of any county of this state may exempt itself from the application of this section by or of the governing body of the county after public upon the matter. Such public hearing shall be preceded by public notice which shall, at a minimum, be published at least three different times in the newspaper with the greatest circulation in the county. Upon such order or ordinance becoming effective, such county shall be exempt from the provisions of this section and no election or other method of exemption shall be required. The exemption of any county from the provisions of this section by order or ordinance shall not become effective in that county until the order or ordinance has been filed with the and the revisor of statutes and has been as received by those officers. The revisor of statutes shall note which counties are exempt from the provisions of this section in the Missouri revised statutes.
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Source & history notes
(L. 1963 p. 685 § 1, A.L. 1977 H.B. 21, A.L. 1993 S.B. 157 & 29 merged with S.B. 180) 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.
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.