NORTH CAROLINA GENERAL ASSEMBLY

1963 SESSION

 

 

CHAPTER 488

SENATE BILL 141

 

 

AN ACT TO REWRITE G. S. 14-346.2 TO PROHIBIT CERTAIN BUS­INESS ACTIVITIES ON SUNDAY.

 

The General Assembly of North Carolina do enact:

 

Section 1. G. S. 14-346.2, as the same appears in the 1961 Cumulative Supplement of the General Statutes, is hereby rewritten to read as follows:

"§ 14-346.2. Any person, firm or corporation who engages on Sunday in the business of selling, or sells or offers for sale on such day, clothing and wearing apparel, clothing accessories, furniture, home, business or office furnishings, household, business or office appliances, hardware, tools, paints, building and lumber supply materials, jewelry, silverware, watches, clocks, luggage, musical instruments or recordings, shall be guilty of a misdemeanor, and upon conviction shall be fined or imprisoned, or both, in the discretion of the court.

"Each separate sale or offer to sell shall constitute a separate offense: Provided this Section shall not be applicable to Avery, Currituck, Wilkes, Madison, Yancey, Watauga, Graham, Cherokee, Clay, Hyde, Henderson, Mitchell, Camden, Swain, Pamlico, Carteret, Brunswick, Dare, Haywood, Jackson, Macon, New Hanover, Pender, Polk, and Transylvania Counties."

This Act shall not apply to Chimney Rock Township of Rutherford County, Colly Township of Bladen County, or Edneyville Township of Henderson County.

This Act shall not apply to facilities within the right-of-way of the Blue Ridge Parkway in Ashe, Alleghany and Watauga Counties as shown on recorded plats of the same and this Act shall not apply to Blowing Rock Township of Watauga County.

The areas that are exempted from this Act by the foregoing provisions are so exempted upon the classification of such areas as resort or tourist areas, the General Assembly recognizing that different considerations apply to such areas. By exempting such areas from this Act the General Assembly hereby classifies such areas as resort or tourist areas.

Sec. 1½. In the event the provisions of this Act exempting certain areas of less than county size from the effect thereof be held unconstitutional, such provisions shall be considered as severable from the other provisions of this Act and such exemptions shall then be void and be disregarded in determining the constitutionality of the other provisions of this Act.

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 3. This Act shall become effective July 1, 1963.

In the General Assembly read three times and ratified, this the 22nd day of May, 1963.