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Session Law

2005

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Chapter 165 AN ACT FURTHER REGULATING THE OPENING OF RETAIL STORES ON SUNDAYS AND HOLIDAYS.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is forthwith to clarify the laws regulating Christmas holiday retail closings, therefore, it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Clause (50) of section 6 of chapter 136 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-

The keeping open of a store or shop and the sale at retail of goods therein, but not including the retail sale of goods subject to chapter 138, and the performance of labor, business, and work directly connected therewith on Sunday. This exemption shall not apply to any legal holiday as defined in clause eighteenth of section 7 of chapter 4, but this exemption shall apply to
the day following Christmas Day when Christmas occurs on a Sunday. In any year in which Christmas Day occurs on a Sunday, this exemption shall not apply to that Sunday.

SECTION 2. The third paragraph of section 15 of said chapter 136, as so appearing, is hereby amended by striking out the third sentence and inserting in place thereof the following sentence:- Permits for work on legal holidays in stores covered by clause (50) of section 6 shall not be granted without the approval of the department of labor, which shall approve such permits only on a uniform basis statewide, but no such permit shall be required for such stores on the legal holidays covered by sections 13 and 16 and for the legal holiday, as defined in clause eighteenth of section 7 of chapter 4 on the day
after Christmas Day in any year in which Christmas Day occurs on Sunday.

SECTION 3. Section 16 of said chapter 136, as so appearing, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-

All stores and shops which sell goods at retail may be open at any time on Sundays and on Memorial Day, July Fourth and Labor Day, but no such stores and shops may be open on Christmas Day if Christmas occurs on a Sunday. The performance of labor, business and work directly connected to retail sales on these days shall also be allowed. Stores and shops allowed to open under this section may sell on these days all types of goods and foodstuffs which may lawfully be offered for sale in the commonwealth other than alcoholic beverages. To the extent that this section is inconsistent with section 6 or any other general or special law, this section shall control.


Approved December 15, 2005.

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