2010 Pennsylvania Code
Title 18 - CRIMES AND OFFENSES
Chapter 73 - Trade and Commerce
7363 - Selling certain personal property.

     § 7363.  Selling certain personal property.
        (a)  Offense defined.--A person is guilty of a summary
     offense if he engages on Sunday in the business of selling, or
     sells or offers for sale, on such day, at retail, 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.
        (b)  Separate offenses.--Each separate sale or offer to sell
     shall constitute a separate offense.
        (c)  Exceptions.--
            (1)  Subsection (a) of this section shall not apply to
        novelties, souvenirs and antiques.
            (2)  No individual who by reason of his religious
        conviction observes a day other than Sunday as his day of
        rest and actually refrains from labor or secular business on
        that day shall be prohibited from selling on Sunday in a
        business establishment which is closed on such other day the
        articles specified in subsection (a) of this section.
        (d)  Limitation of action.--Information charging violations
     of this section shall be brought within 72 hours after the
     commission of the alleged offense and not thereafter.
        (e)  Repeated offense penalty.--A person who commits a second
     or any subsequent offense within one year after conviction for
     the first offense shall be sentenced to pay a fine of not
     exceeding $200.
        (f)  Definitions.--As used in this section the following
     words and phrases shall have the meanings given to them in this
     subsection:
        "A day other than Sunday."  Any consecutive 24 hour period.
        "Antique."  An item over 100 years old, or ethnographic
     objects made in traditional aboriginal styles and made at least
     50 years prior to their sale.

        Constitutionality.  Section 7363 was declared
     unconstitutional on October 5, 1978, by the Supreme Court of
     Pennsylvania in Kroger Co. v. O'Hara Township, 481 Pa. 101, 392
     A.2d 266 (1978).