Bill 235

                    Current Status

Bill Number:               235
Ratification Number:       205
Act Number                 121
Introducing Body:          Senate
Subject:                   Blue Laws

(A121, R205, S235)

AN ACT TO AMEND SECTION 53-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST PUBLIC SPORTS ON SUNDAYS, SO AS TO AUTHORIZE CERTAIN ATHLETIC AND CULTURAL ACTIVITIES TO BE CONDUCTED ON SUNDAY; TO AMEND SECTION 53-1-50, RELATING TO EXCEPTIONS TO PROHIBITED SUNDAY WORK AND SALES, SO AS TO DECREASE THE ACTIVITIES PROHIBITED UNDER SECTION 53-1-40 AND TO DELETE THE LIMITATION OF THREE EMPLOYEES IN GROCERY STORES ON SUNDAY; TO AMEND SECTION 53-1-60, RELATING TO THE PROHIBITION OF THE SALE OF CERTAIN ITEMS ON SUNDAY, SO AS TO ALLOW ADDITIONAL ITEMS TO BE SOLD ON SUNDAY; TO AMEND SECTION 53-1-130, RELATING TO THE EXEMPTION OF CERTAIN MANUFACTURING PLANTS FROM THE PROHIBITION AGAINST SUNDAY WORK, SO AS TO FURTHER PROVIDE FOR THIS EXEMPTION AND FOR THOSE TYPE ESTABLISHMENTS THAT ARE SO EXEMPT; TO DELETE LANGUAGE PERTAINING TO ALLOWABLE WORK WEEKS AND WORK DAYS AND LANGUAGE RELATING TO THE EXEMPTION NOT APPLYING OR AFFECTING COTTON, WOOLEN, OR WORSTED MANUFACTURING, FINISHING, DYEING, PRINTING, OR PROCESSING PLANTS; TO PROVIDE THAT NOTHING IN THIS ACT SHALL BE CONSTRUED TO AFFECT OR REPEAL THE PROVISIONS OF CHAPTERS 11, 13, AND 15 OF TITLE 52; AND TO REPEAL ARTICLE 1, CHAPTER 3, OF TITLE 52 RELATING TO THE AUTHORITY OF CITIES WITH BETWEEN FIVE THOUSAND AND SIXTY-FIVE HUNDRED POPULATION TO GRANT FRANCHISES TO OPERATE MOTION PICTURES, ATHLETIC SPORTS, AND MUSICAL CONCERTS ON SUNDAY.

Be it enacted by the General Assembly of the State of South Carolina:

Permit required

SECTION 1. Section 53-1-10 of the 1976 Code, as last amended by Act 363 of 1980, is further amended to read:

"Section 53-1-10. It shall be unlawful to operate for professional purposes athletic events, public exhibitions, historic or musical entertainment, or concerts unless a permit shall first be obtained from the town or city council, if the activity is in an incorporated town or city, or from the governing body of the county if the activity takes place outside of an incorporated town or city by either the sponsor of the athletic or entertainment event or exhibition or the individual participant."

Items that may be sold on Sunday

SECTION 2. Section 53-1-50 of the 1976 Code is amended to read:

"Section 53-1-50. Section 53-1-40 does not apply to the following:

(1) The sale of food needs, ice, or soft drinks.

(2) The sale of tobacco and related products.

(3) The operation of radio or television stations nor to the printing, publication, and distribution of newspapers or weekly magazines, nor to the sale of newspapers, books, and magazines.

(4) The operation of public utilities or sales usual or incidental thereto.

(5) The transportation by air, land, or water of persons or property, nor to the sale or delivery of heating, cooling, refrigerating, or motor fuels, oils, or gases, or the purchase or installation of repair parts or accessories for immediate use in cases of emergency in connection with motor vehicles, boats, bicycles, aircrafts, or heating, cooling, or refrigerating systems, nor to the cleaning of motor vehicles.

(6) The providing of medical services and supplies, nor to the sale of drugs, medicine, hygenic supplies, surgical supplies, and all other services and supplies related thereto.

(7) The operation of public lodging or eating places, including food caterers.

(8) Janitorial, custodial, and like services.

(9) Funeral homes and cemeteries.

(10) The sale of novelties, souvenirs, paper products, educational supplies, cameras, film, flash bulbs and cubes, batteries, baby supplies, hosiery and undergarments, flowers, plants, seeds, and shrubs.

(11) The sale of art and craft objects at arts or craft exhibitions held pursuant to Section 53-1-10 provided that each art or craft object shown or sold has been designed by and is the original work of artisans present at the exhibition.

(12) Exhibition of noncommercial real property and mobile homes.

(13) The providing of any service, product, or other thing by means of a mechanical device not requiring the labor of any person.

(14) The sale or rental of swimming, fishing, and boating equipment.

(15) Any farming operations necessary for the preservation of agricultural commodities.

(16) Light bulbs or flourescent tubes."

Items that may not be sold on Sunday

SECTION 3. Section 53-1-60 of the 1976 Code is amended to read:

"Section 53-1-60. The sale or offer to sell the following items on Sunday is prohibited: Clothing and clothing accessories (except those which qualify as swimwear, novelties, souvenirs, hosiery, or undergarments); housewares, china, glassware, and kitchenware; home, business and office furnishings, and appliances; tools, paints, hardware, building supplies, and lumber; jewelry, silverware, watches, clocks, luggage, musical instruments, recorders, recordings, radios, television sets, phonographs, record players or so-called hi-fi or stereo sets, or equipment; sporting goods (except when sold on premises where sporting events and recreational facilities are permitted); yard or piece goods; automobiles, trucks, and trailers. No inference shall arise from the foregoing enumeration that either the sale or the offering for sale on Sunday of items or articles not mentioned is permitted."

Not to affect or repeal provisions

SECTION 4. Nothing in this act shall be construed to affect or in any way repeal the provisions of Chapters 11, 13, and 15 of Title 52 of the 1976 Code.

Repeal

SECTION 5. Article 1, Chapter 3, of Title 52 of the 1976 Code is repealed.

Provisions not to affect manufacturing establishments,

etc.

SECTION 6. Section 53-1-130 of the 1976 Code is amended to read:

"Section 53-1-130. The provisions of Sections 53-1-10 through 53-1-120 do not apply to manufacturing establishments or to research and development operations of any person, including the support services necessary for these operations, or to the employees thereof when these establishments in the nature of their business involve manufacturing processes requiring continuous and uninterrupted operation or which for economical operation must engage in a continuous process."

Time effective

SECTION 7. This act shall take effect upon approval by the Governor.