2023 Missouri Revised Statutes › Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders › Chapter 578 - Miscellaneous Offenses › Section 578.110 - Counties may be exempted from provisions of section 578.100, procedure.

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS
Chapter 578
Effective - 28 Aug 1979
578.110. 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.
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(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.