Section 578.100

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 578

Effective - 28 Aug 1993   

  578.100.  Selling goods on Sunday, penalty — certain counties may be exempted from prohibition — procedure — duty of revisor of statutes. — 1.  Whoever engages on Sunday in the business of selling or sells or offers for sale on such day, at retail, 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 misdemeanor and shall upon conviction for the first offense 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 confinement not exceeding thirty days in the county jail in default thereof.

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

  3.  Information charging violations of this section shall be brought within five days after the commission of the alleged offense and not thereafter.

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

  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 application of this section by submission of the proposition to the voters of the county at a general election 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 provisions of this section shall be submitted to the voters of the county upon a majority vote of the governing body of the county or when a petition requesting the submission of the proposal to the voters and signed by a number of qualified voters residing in the county equal to eight percent of the votes cast in the county in the next preceding gubernatorial election is filed with the governing body of the county.  The ballot of submission shall contain, but not be limited to, the following language:

☐ FOR the exemption of ______ County from the Sunday sales law

☐ AGAINST the exemption of ______ County from the Sunday sales law

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If a majority of the votes cast on the proposal by the qualified voters voting thereon in the county are in favor of the proposal, then the provisions of this section shall no longer apply within that county.  If a majority of the votes cast on the proposal by the qualified voters voting thereon in the county are opposed to the proposal, then the provisions of this section shall continue to apply and be enforced within that county.  The exemption of any county from the provisions of this section shall not become effective in that county until the results of the vote exempting the county have been filed with the secretary of state and with the revisor of statutes and have been certified 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.

  6.  In addition to any other method of exemption provided by law, the governing body of any county of this state may exempt itself from the application of this section by order or ordinance of the governing body of the county after public hearing 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 secretary of state and the revisor of statutes and has been certified 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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(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.