Section 578.110

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 578

Effective - 28 Aug 1979   

  578.110.  Counties may be exempted from provisions of section 578.100, procedure. — 1.  As used in this section, the term "area" includes all cities not within a county, all first class counties having a charter form of government and adjoining such cities not within a county and all first class counties which adjoin such first class counties having a charter form of government and adjoining cities not within a county; and the term "county" means any county of this state not within an area.

  2.  In addition to the counties which may exempt themselves from the application of section 578.100, under the provisions of section 578.100 or section 578.105, any other county or area may also exempt itself from the application of section 578.100 by a vote of the qualified voters of the county or area; provided that, before any area may so exempt itself from the provisions of section 578.100, the qualified voters of each city not within a county and each county within such area shall vote on the proposal for exemption from the provisions of section 578.100 at the same election and a majority of the total votes cast in such area shall be in favor of the proposal before either such city or any of such counties may be exempted from the provisions of section 578.100.

  3.  In order to exempt itself from the provisions of section 578.100, the county or area shall submit the proposition to the voters of the county or area at any election, and the proposition shall receive a majority of the votes cast.  The proposition to exempt the county from the provisions of section 578.100 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 proposition to the voters and signed by a number of registered 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.  When a petition signed by a number of registered voters residing in the area equal to eight percent of the votes cast in the area in the next preceding gubernatorial election requesting the submission of a proposition to exempt the area from the provisions of section 578.100 is filed with each of the governing bodies of the area, the proposition shall be submitted to the voters of the area.  The ballot of submission shall contain, but need not be limited to, the following language:

To exempt ______ County (or the area consisting of ______ city and ______ counties) from the Sunday sales law.
☐ YES	☐ NO

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If a majority of the votes cast on the proposal by the registered voters voting thereon in the county or area are in favor of the proposal, then the provisions of section 578.100 shall no longer apply within that county or area.  If a majority of the votes cast on the proposal by the registered voters voting thereon in the county or area are opposed to the proposal, then the provisions of section 578.100 shall continue to apply and be enforced within that county or area.  The exemption of the county or area from the provisions of section 578.100 shall not become effective in that county or area until the results of the vote exempting the county or area 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 or areas are exempt from the provisions of section 578.100 in the Missouri revised statutes.

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(L. 1979 H.B. 56 § 1)

Revisor's Note: Electors in the following counties have voted to exempt those counties from the provisions of section 578.100 (Sunday Sales Law) and have filed the results on the date indicated:

	County	Filing Date
	Boone	November 8, 1979
	Ralls	November 8, 1979
	Lafayette	November 9, 1979
	Marion	November 9, 1979
	Saline	November 13, 1979
	Jasper	April 4, 1980
	Miller	April 8, 1980
	Newton	April 14, 1980
	Lawrence	August 11, 1980
	Ray	August 6, 1981
	Greene	April 6, 1983
	Knox	August 9, 1983
	St Charles	August 9, 1984
	Carroll	August 14, 1984
	Henry	August 14, 1984
	Adair	November 8, 1984
	Audrain	November 8, 1984
	Cape Girardeau	November 8, 1984
	Cole	November 8, 1984
	St. Louis	November 9, 1984
	Pettis	November 13, 1984
	City of St. Louis	March 19, 1985
	Jefferson	April 4, 1985
	Howell	April 5, 1985
	Pemiscot	April 5, 1985
	Randolph	April 5, 1985
	Scott	April 5, 1985
	Andrew	April 9, 1985
	New Madrid	April 9, 1985
	Nodaway	April 9, 1985
	Johnson	April 10, 1985
	Chariton	April 11, 1985
	McDonald	June 10, 1985
	Macon	June 13, 1985
	Callaway	April 3, 1986
	Monroe	April 8, 1986
	Cooper	April 9, 1986
	Bates	November 10, 1986
	Linn	April 9, 1987
	Dunklin	April 13, 1987
	Clinton	April 7, 1988
	DeKalb	April 8, 1988
	Franklin	April 11, 1988
	Ste. Genevieve	April 14, 1988
	Christian	April 15, 1988
	Butler	August 4, 1988
	Vernon	August 9, 1988
	Lincoln	November 15, 1988
	Madison	November 15, 1988
	Phelps	April 7, 1989
	Pike	November 14, 1989
	St. Francois	August 8, 1990
	Livingston	November 9, 1990
	Barton	April 8, 1991
	Grundy	April 8, 1991
	Laclede	April 8, 1991
	Pulaski	April 8, 1991
	Shelby	May 6, 1991
	Crawford	August 6, 1991
	Harrison	November 13, 1991
	Barry	December 2, 1991
	Montgomery	December 2, 1991
	Dent	April 14, 1992
	Moniteau	August 11, 1992
	Wright	November 16, 1992
	Perry	April 14, 1993
	Webster	August 6, 1993
	Warren	August 9, 1993
	Cedar	September 13, 1993
	Dallas	September 22, 1993
	Scotland	November 10, 1993
	Worth	March 30, 1994
	Gasconade	April 11, 1994
	Wayne	April 12, 1995
	Stoddard	April 21, 1995

(1980) Portions of statute providing procedure for exemption from "Sunday Sales Law" which treated first class counties by "area" were unconstitutional in that they treated first class counties in an "area" differently from a first class county not in an "area" and not covered by special legislation applicable to other first class counties. Gramex Corp. v. Von Romer (Mo.), 603 S.W.2d 521.

(1980) After eliminating unconstitutional "area" method of exemption remainder of statute was severable and valid.  Gramex Corp. v. Von Romer (Mo.), 603 S.W.2d 521.