436.165 Retail sales and activities on Sunday subject to control of legislative body of city or county -- Restrictions -- Public vote

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 twenty-

four (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.