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Title 53 - Sundays, Holidays and Other Special Days
CHAPTER 1.
SUNDAYS
SECTION 53-1-5. Provisions inapplicable after 1:30 p.m. on Sunday; rights of
employees, lessees, and franchisees to refuse to work; discrimination against
persons who worship on Saturday prohibited.
The provisions of this chapter do not apply after the hour of 1:30 p.m. on Sunday.
Any employee of any business which operates on Sunday under the provisions of
this section has the option of refusing to work in accordance with Section 53-1-100.
Any employer who dismisses or demotes an employee because he is a conscientious
objector to Sunday work is subject to a civil penalty of treble the damages found
by the court or the jury plus court costs and the employee's attorney's fees. The
court
may order the employer to rehire or reinstate the employee in the same position he
was
in prior to dismissal or demotion without forfeiture of compensation, rank, or grade.
No proprietor of a retail establishment who is opposed to working on Sunday may be
forced by his lessor or franchisor to open his establishment on Sunday nor may
there be discrimination against persons whose regular day of worship is Saturday.
SECTION 53-1-6. Failure of law enforcement officer to enforce provisions of chapter.
A determination that a sheriff or other law enforcement officer has failed to enforce
the
provisions of this chapter to the best of his ability constitutes neglect of duty
and
misconduct.
SECTION 53-1-10. Permit required for holding sports and entertainment events.
(A) 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.
(B) When a permit is granted as required by this section, the town or city council
or
county governing body may by resolution suspend the 1:30 p.m. opening hour provided
in Section 53-1-5 and allow businesses to operate after the hour of 10:00 a.m. on
Sunday.
SECTION 53-1-15. Certain automobile races exempt from prohibitions of section
53-1-10.
The provisions of SECTION 53-1-10 do not apply to automobile races which are
scheduled to be two hundred fifty miles or more in length.
SECTION 53-1-20. College and university campuses exempt from prohibition on
Sunday public sports and pastimes.
Notwithstanding any provision of law to the contrary, college and university campuses
shall be exempt from the provisions of SECTION 53-1-10.
SECTION 53-1-30. Amusement parks and certain fairs exempt from prohibition on
Sunday public sports and pastimes.
All amusement parks and recognized state and county fairs may operate on Sundays
, except that the governing body of a county may by ordinance prohibit Sunday
operation of recognized state and county fairs in the county between the hours of
10:00
a.m. and 1:00 p.m.
SECTION 53-1-40. Unlawful to work on Sunday.
On the first day of the week, commonly called Sunday, it shall be unlawful for any
person to engage in worldly work, labor, business of his ordinary calling or the
selling or offering to sell, publicly or privately or by telephone, at retail or at
wholesale to
the consumer any goods, wares or merchandise or to employ others to engage in
work, labor, business or selling or offering to sell any goods, wares or merchandise,
excepting work of necessity or charity. Provided, that in Charleston County the
foregoing shall not apply to any person who conscientiously believes, because of his
religion, that the seventh day of the week ought to be observed as the Sabbath and
who
actually refrains from secular business or labor on that day.
SECTION 53-1-50. Exceptions to prohibition on Sunday work.
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 fluorescent tubes.
SECTION 53-1-60. Sale of certain items on Sunday prohibited.
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.
SECTION 53-1-70. Penalties for violating prohibition on Sunday work.
A violation of any of the provisions of SECTION 53-1-40 shall be punished by a fine
of
not less than fifty dollars nor more than two hundred fifty dollars in the case of
the first
offense, and by a fine of not less than one hundred dollars nor more than five hundred
dollars for each and every subsequent offense. Each separate sale, offer or attempt
to
sell on Sunday, and each Sunday a person is engaged in other work, labor
or business in violation of SECTION 53-1-40, or employs others to be so engaged, shall
constitute a separate offense.
SECTION 53-1-80. Sunday work declared public nuisance; injunctive relief;
time off to attend church.
The doing of any worldly work or labor, business of his ordinary calling, or the
selling or offering for sale of any goods, wares or merchandise contrary to SECTION
53-1-40 is declared to be a public nuisance and any State, county or municipal
law-enforcement officer may apply to any court of competent jurisdiction for and may
obtain an injunction restraining such operation, work, labor, sale or offering for
sale.
Provided, that any employee in a retail store where there are more than three employees
shall upon request of said employee be granted time off to attend service allowing
one
hour for preparing to go and traveling to church and one hour after service for returning
therefrom.
SECTION 53-1-90. Prohibitions on Sunday work and sales shall not affect
certain businesses.
The provisions of SECTIONS 53-1-40 to 53-1-80 shall not be applicable to or affect
the
carrying on of any business or the rendering of any service which was lawful on April
7,
1962.
SECTION 53-1-100. Operation of machine shops exempt from chapter; conscientious
opposition to Sunday work.
Notwithstanding any other provision of law, the operation of machine shops and rubber
molding and plastic injection molding facilities shall be exempt from the provisions
of this
chapter. No person shall be required to work on Sunday who is conscientiously
opposed to Sunday work. If any person refuses to work on Sunday
because of conscientious or physical objections, he shall not jeopardize his seniority
rights by such refusal or be discriminated against in any manner. Sunday work
shall be compensated at a rate no less than that required by the Fair Labor Standards
Act.
SECTION 53-1-110. Manufacture or finishing of textile products exempt from chapter;
conscientious opposition to Sunday work.
Notwithstanding any other provision of law, the manufacture and finishing of textile
products shall be exempt from the provisions of Chapter 1, Title 53, as amended.
Provided, however, that no person shall be required to work on Sunday who is
conscientiously opposed to Sunday work. If any person refuses to work on
Sunday because of conscientious or physical objections, he shall not jeopardize
his
seniority rights by such refusal or be discriminated against in any manner. Sunday
work shall be compensated at a rate no less than that required by the Fair Labor
Standards Act.
SECTION 53-1-120. Employment of children in mercantile or manufacturing
establishments on Sunday; conscientious opposition to Sunday work;
"mercantile establishment" defined.
It shall be unlawful for any person to employ, require or permit the employment of
children to work or labor in any mercantile establishment or manufacturing
establishment on Sunday. Provided, that no employee shall be required to work
on Sunday, who is conscientiously opposed to Sunday work; and if any
employee should refuse to work on Sunday on account of conscientious or
physical objections he or she shall not jeopardize his or her seniority rights by
such
refusal or be discriminated against in any other manner. This section shall not apply
to
those manufacturing establishments described in SECTION 53-1-130.
The term"mercantile establishment" shall be construed to mean any place where goods
or wares are offered or exposed for sale, except cafeterias and restaurants. The term
"manufacturing establishment" shall be construed to mean any plant or place of business
engaged in manufacturing. The Commissioner of Labor and factory inspectors are
charged with the enforcement of this section. The commission and his duly authorized
agents or inspectors shall have free access to any place where children are employed
for the purpose of enforcing compliance with the provisions of this section. Any person
who hinders or obstructs the commissioner, or any of his duly authorized agents or
inspectors in the performance of their duties shall be guilty of violating this section.
Any
person violating any of the provisions hereof shall be guilty of a misdemeanor and,
upon
conviction, shall be punished by a fine of not less than twenty-five dollars, nor
more than
one hundred dollars, or imprisonment not to exceed thirty days for each offense.
SECTION 53-1-130. Exceptions for manufacturing plants requiring continuous
operation.
The provisions of SECTIONS 53-1-5 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 of these
operations 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 nor do the provisions apply
to maintenance, repair, and other service personnel of any manufacturing establishment.
SECTION 53-1-140. Manufacturing of bakery products as requiring continuous
operation.
For the purpose of this chapter, the "manufacturing of bakery products" is defined
as
being a chemical manufacturing process requiring continuous, uninterrupted operation.
SECTION 53-1-150. Exemption of certain counties; rights of employees, lessees, and
franchisees to refuse to work; discrimination against persons who worship on
Saturday prohibited.
(A) The General Assembly finds that certain areas of the State would benefit greatly
from
a complete exemption from Chapter 1 of Title 53. This benefit would be a result of
an
expanded tax base thereby reducing the burden placed on property owners through the
property tax. Allowing the operation of establishments on Sunday in these areas also
would reduce the property tax burden through additional accommodations tax revenue
which allows these areas to provide necessary governmental service from these
revenues.
(B) The provisions of Chapter 1 of Title 53 do not apply to any county area, as defined
in Section 6-4-5(1), which collects more than nine hundred thousand dollars in one
fiscal
year in revenues from the accommodations tax provided for in Section 12-36-2630(3)
and imposed in Section 12-36-920(A). After a county area has collected more than nine
hundred thousand dollars in one fiscal year in revenues from the accommodations tax
provided for in Section 12-36-2630(3) and imposed in Section 12-36-920(A), the
exclusion from the provisions of Chapter 1 of Title 53 will continue from year to
year
irrespective of whether revenue falls below nine hundred thousand dollars in subsequent
years.
(C) Any employee of any business which operates on Sunday under the provisions
of this section has the option of refusing to work in accordance with Section
53-1-100. Any employer who dismisses or demotes an employee because he is a
conscientious objector to Sunday work is subject to a civil penalty of treble the
damages found by the court or the jury plus court costs and the employee's attorney's
fees. The court may order the employer to rehire or reinstate the employee in the
same
position he was in prior to dismissal or demotion without forfeiture of compensation,
rank, or grade.
No proprietor of a retail establishment who is opposed to working on Sunday may be
forced by his lessor or franchisor to open his establishment on Sunday nor may
there be discrimination against persons whose regular day of worship is Saturday.
SECTION 53-1-160. Suspension of Sunday work prohibitions.
(A) In addition to other exemptions provided by statute, the county governing body
may
by ordinance suspend the application of the Sunday work prohibitions provided
in Chapter 1 of Title 53 in a county which does not qualify for the exemption provided
in
Section 53-1-150. If the county governing body suspends the application of Sunday
work prohibitions, any employee of any business which operates on Sunday
under the provisions of this section has the option of refusing to work in accordance
with Section 53-1-100. Any employer who dismisses or demotes an employee because
he is a conscientious objector to Sunday work is subject to a civil penalty of
treble the damages found by the court or the jury plus court costs and the employee's
attorney's fees. The court may order the employer to rehire or reinstate the employee
in
the same position he was in prior to the dismissal or demotion without forfeiture
of
compensation, rank, or grade. No proprietor of a retail establishment who is opposed
to
working on Sunday may be forced by his lessor or franchisor to open his
establishment on Sunday nor may there be discrimination against persons whose
regular day of worship is Saturday.
(B) In addition to other exemptions provided by statute, the Sunday work
prohibitions provided in Chapter 1 of Title 53 may only be continued:
(1) in a county which does not qualify for the exemption provided in Section 53-1-150
within ninety days before the 1996 general election; or
(2) in a county in which the county governing body has not suspended application of
the
Sunday work prohibitions by ordinance as provided in subsection (A) within
ninety days before the 1996 general election; if a majority of the qualified electors
of that
county voting in a referendum at the time of the 1996 general election vote in favor
of the
continued prohibition on Sunday work.
(C) The county election commission shall place the question in subsection (G) on the
ballot in November 1996 in a county:
(1) which does not qualify for the exemption provided in Section 53-1-150 within ninety
days before the 1996 general election; or
(2) in which the county governing body has not suspended application of the Sunday
work prohibitions by ordinance as provided in subsection (A) within ninety days
before the 1996 general election.
(D) The state election laws shall apply to the referendum, mutatis mutandis. The State
Board of Canvassers shall publish the results of the referendum within each county
and
certify them to the Secretary of State.
(E) If a county in which the referendum is to be held qualifies for the exemption
provided
in Section 53-1-150 after September 1, 1996, and before November 5, 1996, the county
governing body shall direct the county election commission not to place the question
on
the ballot and not to hold the referendum.
(F) If the result of this referendum is not in favor of a continuation of the prohibition
on
Sunday work within the county, Chapter 1 of Title 53 shall not apply within such
county after the result of the referendum is certified to the Secretary of State.
Any
employee of any business which operates on Sunday under the provisions of this
section has the option of refusing to work in accordance with Section 53-1-100. Any
employer who dismisses or demotes an employee because he is a conscientious
objector to Sunday work is subject to a civil penalty of treble the damages found
by the court or the jury plus court costs and the employee's attorney's fees. The
court
may order the employer to rehire or reinstate the employee in the same position he
was
in prior to the dismissal or demotion without forfeiture of compensation, rank, or
grade.
No proprietor of a retail establishment who is opposed to working on Sunday may be
forced by his lessor or franchisor to open his establishment on Sunday nor may
there be discrimination against persons whose regular day of worship is Saturday.
(G) The question put before the voters shall read as follows:
"Shall the prohibition on Sunday work continue in this county subject to an
employee's right to elect not to work on Sunday if the prohibition is not
continued after certification of the result of this referendum to the Secretary of
State?
Yes [ ]
No [ ]
(H) Notwithstanding the provisions of subsections (A) through (G), the referendum
provided by subsection (B) must be held in a county which qualified for the exemption
provided in Section 53-1-150 after May 8, 1985.
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