CHAPTER 267

An Act to amend and reenact § 18-829 of the Code of Virginia, relating
to working or transacting business on Sunday; and to add §§ 18-829.1
and 18-829.2, to provide penalties for violations. rH 279)

Approved March 12, 1960

Be it enacted by the General Assembly of Virginia:

1. That § 18-829 of the Code of Virginia be amended and reenacted, and
new sections numbered 18-329.1 and 18-329.2 be added, as follows:

§ 18-329. * Working or transacting business on Sunday.—On the
first day of the week, commonly known and designated as Sunday, it shall
be unlawful for any person to engage in work, labor or business or to
employ others to engage in work, labor or business except in household or
other work of necessity or charity. The exemption for works of necessity
or charity contained in the preceding sentence shall not be deemed to in-
clude selling at retail or wholesale or by auction, or offering or attempting
to sell, on Sunday, any of the following: jewelry; precious and semt-
precious stones; silverware; watches; clocks; luggage; musical instru-
ments; recordings; toys (excluding items customarily sold as novelties and
souvenirs) ; clothing and wearing apparel; clothing accessories; footwear;
textile yard goods; housewares; china; kitchenware; home, business, of-
fice or outdoor furniture, furnishings and appliances; sporting goods
(excluding sales or rental of bathing, boating, and fishing paraphernalia
and equipment, and sales or rental on the premises where sports, athletic
events or recreational facilities are located or conducted of equipment
essential to the normal use or operation of such premises for the purposes
specified) ; pets, pet equipment or supplies; cameras and photographic sup-
plies (excluding film and flash bulbs); hardware; tools; paints; building
and lumber supplies and materials; motor vehicles; trailers (excluding
mobile homes); farm implements; lawn and garden equipment and sup-
plies; farm produce (excluding sales of farm produce grown by the seller
and sold at roadside stands or at the place where grown) or fresh, frozen
or salt meats, poultry or seafood customarily inedible without further
cooking or preparation (excluding smoked or cured hams). No inference
shall arise from the foregoing enumeration of classes of personal property
that sales or offers or attempts to sell other classes of personal property
not mentioned are included within the above exemption for works of neces-
sity or charity. This section shall not apply to furnaces, kilns, plants,
wholesale food warehouses, ship chandleries, and other business of lke
kind that may be necessary to be conducted on Sunday, nor to the publi-
cation, distribution and sale of newspapers or magazines, nor to the sale
of motor fuels or oils, repair parts or accessories for immedtate necessary
use in connection with motor vehicles, boats or aircraft, nor to the opera-
tion of motion picture theatres, nor to sports, athletic events, scenic, his-
toric and recreational and amusement facilities.

§ 18.829.1—Punishment for violation—Any person violating the
provisions of § 18-329 shall be deemed guilty of a misdemeanor, and upon
conviction thereof shall be fined not more than one hundred dollars for
the first offense and not more than two hundred dollars for the second or
any subsequent offense occurring within one year after conviction of the
first offense, or in default thereof shall be confined in jail for not exceed-
ing thirty days. In addition, the court in which any judgment of conviction
is rendered may require of the person so convicted a recognizance in a
penalty of not less than five hundred or more than five thousand dollars,
with or without security, conditioned that such person shall be of good
behavior, and especially shall refrain from a repetition of such offense for
a period not exceeding twelve months. Each separate sale, offer or attempt
to sell on Sunday the classes of personal property enumerated in § 18-829,
and each Sunday a person is engaged in other work, labor or business in
violation of § 18-829, or employs others to be so engaged, shall constitute
a separate offense.

§ 18-829.2. Continued violations deemed a nutsance.—In addition
to the penalties upon conviction of violations hereinabove provided, the
premises in or upon which the violations occurred shall be deemed a nut-
sance after any four violations of § 18-829 occurring within any period of
twelve months have resulted in convictions.