Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
< > Effective - 28 Aug 1979578.110. Counties may be exempted from provisions of section 578.100, procedure. — 1. As used in this section, the term "area" includes all cities not within a county, all first class counties having a charter form of government and adjoining such cities not within a county and all first class counties which adjoin such first class counties having a charter form of government and adjoining cities not within a county; and the term "county" means any county of this state not within an area.
2. In addition to the counties which may exempt themselves from the application of section 578.100, under the provisions of section 578.100 or section 578.105, any other county or area may also exempt itself from the application of section 578.100 by a vote of the qualified voters of the county or area; provided that, before any area may so exempt itself from the provisions of section 578.100, the qualified voters of each city not within a county and each county within such area shall vote on the proposal for exemption from the provisions of section 578.100 at the same election and a majority of the total votes cast in such area shall be in favor of the proposal before either such city or any of such counties may be exempted from the provisions of section 578.100.
3. In order to exempt itself from the provisions of section 578.100, the county or area shall submit the proposition to the voters of the county or area at any election, and the proposition shall receive a majority of the votes cast. The proposition to exempt the county from the provisions of section 578.100 shall be submitted to the voters of the county upon a majority vote of the governing body of the county or when a petition requesting the submission of the proposition to the voters and signed by a number of registered voters residing in the county equal to eight percent of the votes cast in the county in the next preceding gubernatorial election is filed with the governing body of the county. When a petition signed by a number of registered voters residing in the area equal to eight percent of the votes cast in the area in the next preceding gubernatorial election requesting the submission of a proposition to exempt the area from the provisions of section 578.100 is filed with each of the governing bodies of the area, the proposition shall be submitted to the voters of the area. The ballot of submission shall contain, but need not be limited to, the following language:
To exempt ______ County (or the area consisting of ______ city and ______ counties) from the Sunday sales law. | |
☐ YES | ☐ NO |
If a majority of the votes cast on the proposal by the registered voters voting thereon in the county or area are in favor of the proposal, then the provisions of section 578.100 shall no longer apply within that county or area. If a majority of the votes cast on the proposal by the registered voters voting thereon in the county or area are opposed to the proposal, then the provisions of section 578.100 shall continue to apply and be enforced within that county or area. The exemption of the county or area from the provisions of section 578.100 shall not become effective in that county or area until the results of the vote exempting the county or area have been filed with the secretary of state and with the revisor of statutes and have been certified as received by those officers. The revisor of statutes shall note which counties or areas are exempt from the provisions of section 578.100 in the Missouri revised statutes.--------
(L. 1979 H.B. 56 § 1)
Revisor's Note: Electors in the following counties have voted to exempt those counties from the provisions of section 578.100 (Sunday Sales Law) and have filed the results on the date indicated:
County | Filing Date | ||
Boone | November 8, 1979 | ||
Ralls | November 8, 1979 | ||
Lafayette | November 9, 1979 | ||
Marion | November 9, 1979 | ||
Saline | November 13, 1979 | ||
Jasper | April 4, 1980 | ||
Miller | April 8, 1980 | ||
Newton | April 14, 1980 | ||
Lawrence | August 11, 1980 | ||
Ray | August 6, 1981 | ||
Greene | April 6, 1983 | ||
Knox | August 9, 1983 | ||
St Charles | August 9, 1984 | ||
Carroll | August 14, 1984 | ||
Henry | August 14, 1984 | ||
Adair | November 8, 1984 | ||
Audrain | November 8, 1984 | ||
Cape Girardeau | November 8, 1984 | ||
Cole | November 8, 1984 | ||
St. Louis | November 9, 1984 | ||
Pettis | November 13, 1984 | ||
City of St. Louis | March 19, 1985 | ||
Jefferson | April 4, 1985 | ||
Howell | April 5, 1985 | ||
Pemiscot | April 5, 1985 | ||
Randolph | April 5, 1985 | ||
Scott | April 5, 1985 | ||
Andrew | April 9, 1985 | ||
New Madrid | April 9, 1985 | ||
Nodaway | April 9, 1985 | ||
Johnson | April 10, 1985 | ||
Chariton | April 11, 1985 | ||
McDonald | June 10, 1985 | ||
Macon | June 13, 1985 | ||
Callaway | April 3, 1986 | ||
Monroe | April 8, 1986 | ||
Cooper | April 9, 1986 | ||
Bates | November 10, 1986 | ||
Linn | April 9, 1987 | ||
Dunklin | April 13, 1987 | ||
Clinton | April 7, 1988 | ||
DeKalb | April 8, 1988 | ||
Franklin | April 11, 1988 | ||
Ste. Genevieve | April 14, 1988 | ||
Christian | April 15, 1988 | ||
Butler | August 4, 1988 | ||
Vernon | August 9, 1988 | ||
Lincoln | November 15, 1988 | ||
Madison | November 15, 1988 | ||
Phelps | April 7, 1989 | ||
Pike | November 14, 1989 | ||
St. Francois | August 8, 1990 | ||
Livingston | November 9, 1990 | ||
Barton | April 8, 1991 | ||
Grundy | April 8, 1991 | ||
Laclede | April 8, 1991 | ||
Pulaski | April 8, 1991 | ||
Shelby | May 6, 1991 | ||
Crawford | August 6, 1991 | ||
Harrison | November 13, 1991 | ||
Barry | December 2, 1991 | ||
Montgomery | December 2, 1991 | ||
Dent | April 14, 1992 | ||
Moniteau | August 11, 1992 | ||
Wright | November 16, 1992 | ||
Perry | April 14, 1993 | ||
Webster | August 6, 1993 | ||
Warren | August 9, 1993 | ||
Cedar | September 13, 1993 | ||
Dallas | September 22, 1993 | ||
Scotland | November 10, 1993 | ||
Worth | March 30, 1994 | ||
Gasconade | April 11, 1994 | ||
Wayne | April 12, 1995 | ||
Stoddard | April 21, 1995 |
(1980) Portions of statute providing procedure for exemption from "Sunday Sales Law" which treated first class counties by "area" were unconstitutional in that they treated first class counties in an "area" differently from a first class county not in an "area" and not covered by special legislation applicable to other first class counties. Gramex Corp. v. Von Romer (Mo.), 603 S.W.2d 521.
(1980) After eliminating unconstitutional "area" method of exemption remainder of statute was severable and valid. Gramex Corp. v. Von Romer (Mo.), 603 S.W.2d 521.
---- end of effective 28 Aug 1979 ----
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