2012 Kentucky Revised Statutes CHAPTER 436 OFFENSES AGAINST MORALITY 436.165 Retail sales and activities on Sunday subject to control of legislative body of city or county -- Restrictions -- Public vote.
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436.165 Retail sales and activities on Sunday subject to control of legislative body
of city or county -- Restrictions -- Public vote.
In addition to the provisions of KRS 436.160:
(1) The legislative body of any city, except as to activities permitted under KRS
436.160, shall have the exclusive power to enact ordinances or orders permitting
and regulating other retail sales and activities on Sunday within its jurisdictional
boundaries, subject to subsection (4) hereof.
(2) The fiscal court of each county, except as to activities permitted under KRS
436.160, shall have exclusive power to enact resolutions or orders permitting and
regulating other retail sales and activities on Sunday in that portion of the county
which lies outside of the corporate limits of any cities within said county, subject to
subsection (4) hereof.
(3) In any city, county, or urban-county government where the legislative body has
failed to enact ordinances permitting retail sales and activities on Sunday, the matter
may be put to a vote of the people. Upon a petition signed by eligible voters in a
number equal to twenty-five percent (25%) of the voters who voted in the last
general election, a proposition to permit retail sales and activities on Sunday shall
be placed before the voters at the next general election. Any such petition shall be
submitted to the county clerk of that county for verification of the signatures. The
petition shall be submitted to the county clerk and certified by the county clerk as
sufficient not later than the second Tuesday in August prior to a general election to
be eligible for placement of the question before the voters.
(4) Notwithstanding subsections (1), (2), and (3) of this section, any ordinance,
resolution or order adopted by the legislative body of any city or the fiscal court of
any county pertaining to retail sales and activities on Sunday shall be subject to the
following limitations:
(a) No employer shall require as a condition of employment that any employee
work on Sunday or on any other day of the week which any such employee
may conscientiously wish to observe as a religious Sabbath.
(b) No employer shall in any way discriminate in the hiring or retaining of
employees between those who designate a Sabbath as their day of rest and
those who do not make such designation, provided, however, that the payment
of premium or overtime wage rates for Sunday employment shall not be
deemed discriminatory.
(c) No person permitted, under the provisions of this section, to engage in a retail
business on Sunday shall be open to the public between the hours of 6 a.m.
and noon on any Sunday.
(d) Every employer engaged in retail sales on Sunday shall allow each person
employed by him in connection with such business or service at least twentyfour (24) consecutive hours of rest in each calendar week in addition to the
regular periods of rest normally allowed or legally required in each working
day.
(e) No business shall be required to be open on Sunday as part of a lease
agreement, franchise agreement or any other contractual arrangement. The
provisions of this subsection shall not apply to any lease agreement, franchise
agreement or any other contractual arrangement entered into before July 15,
1980.
Effective: July 15, 1996
History: Amended 1996 Ky. Acts ch. 195, sec. 70, effective July 15, 1996. -- Amended
1982 Ky. Acts ch. 360, sec. 85, effective July 15, 1982. -- Amended 1980 Ky. Acts
ch. 142, sec. 1, effective January 1, 1980. -- Created 1972 Ky. Acts ch. 18, sec. 2.
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