Updates
- Amended by St.2014, c. 182,
- Amended by St.2016, c. 219, § 96
- Amended by St.2016, c. 460
- Amended by St.2018, c. 121, effective January 1, 2019 - January 1, 2023
Effective in 2022
Section five shall not prohibit the following:
(1) Any manner of labor, business or work not performed for material compensation; provided, no public nuisance is created thereby.
(2) The opening of a store or shop and the sale at retail of foodstuffs therein; provided, not more than a total of three persons, including the proprietor, are employed therein at any one time on Sunday and throughout the week.
(3) The use or repair of any way or bridge, or the payment and collection of any toll incidental thereto.
(4) The conduct of any public service the continuing operation of which is necessary for the maintenance of life, such as, but not limited to, the operation of municipal water and sewage disposal systems, the operation of hospitals and clinics, or the necessary services of physicians, surgeons, dentists and the like.
(5) The making of emergency repairs for the purposes of immediate and necessary protection of persons, or property including realty, or the towing of any motor vehicle or boat for such purpose.
(6) The manufacture, sale or distribution of steam, electricity, fuel, gas, oxygen, hydrogen, nitrogen, acetylene, carbon dioxide and the calcining of lime, manufacturing processes which for technical reasons require continuous operation, and the processing of checks, items, documents or data by a bank or trust company.
(7) The operation of radio and television stations; the operation of telephone and telegraph systems; or the preparation, printing, publication, sale and delivery of newspapers, or the taking of pictures.
(8) The opening and operation of any secular place of business not otherwise prohibited by law if the natural person in control of the business conscientiously believes that the seventh day of the week, or the period which begins at sundown on Friday night and ends at sundown on Saturday night, should be observed as the Sabbath, and causes all places of business in the commonwealth over which he has control to remain closed for secular business during the entire period of twenty–four consecutive hours which he believes should be observed as the Sabbath, and actually refrains from engaging in secular business and from laboring during that period.
(9) The showing, sale, or rental of noncommercial real property to be used for residential purposes.
(10) The opening of art galleries or the display and sale therein of paintings, objects of art, catalogues and pictures.
(11) The operation of libraries.
(12) The operation of public bathhouses.
(13) The operation of boats for purposes of non–commercial fishing and recreation, or the sale of bait for fishing.
(14) The catching or gathering of seafood and fresh water fish not otherwise prohibited by law.
(15) The letting of horses, vehicles, boats or aircraft for pleasure.
(16) The sale and rental of sporting equipment and clothing on premises where the sport for which the equipment or clothing to be sold or rented is carried on.
(17) The retail sale of fuel, gasoline and lubricating oil and the operation of an automotive service facility.
(18) The retail sale of tires, batteries and automotive parts for emergency use.
(19) The operation of a pleasure vehicle or the piloting of an aircraft.
(20) The sale at retail of growing plants, trees or bushes, and articles incidental to the cultivation of such plants, trees or bushes; and the retail sale and delivery of cut flowers.
(21) The cultivation of land, and the raising and harvesting of agricultural products and fruit, and the making of butter and cheese.
(22) The sale, for consumption off the premises, of food prepared by a common victualler licensed under other provisions of law to serve on Sunday.
(23) The selling of kosher wine or the selling or delivery of kosher meat or fish by any natural person who observes Saturday as the Sabbath by closing his place of business from sundown Friday to sundown Saturday.
(24) The making and baking of bakery products and the sale thereof in a shop or store.
(25) The retail sale of tobacco products, soft drinks, confectioneries, baby foods, fresh fruit and fresh vegetables, dairy products and eggs, and the retail sale of poultry by the person who raises the same.
(26) The sale and delivery of ice.
(27) The retail sale of drugs and medicines and the retail sale or rental of mechanical appliances prescribed by physicians or surgeons, and the retail sale of personal health and sanitary supplies.
(28) The retail sale of greeting cards and photographic films and the processing of photographic films.
(29) The sale, at retail, of gifts, souvenirs, antiques, secondhand furniture, handcrafted goods and art goods, in an establishment primarily engaged in the sale of such merchandise, or on the premises of a licensed common victualler.
(30) The opening of a store or shop primarily engaged in the retail sale of pets, and the sale therein of pets and articles necessary for the keeping, care and feeding of pets.
(31) The transport or delivery of goods in commerce, or for consideration, by motor truck or trailer or other means, and the performance of all activities incidental thereto, including the operation of all facilities and warehousing, necessary to prepare, stage, and effect such transport or delivery; or the loading or unloading of same and the performance of labor, business and work directly or indirectly related thereto.
(32) The transport of goods by rail, water or air; or the loading or unloading of the same.
(33) The transport of persons by licensed carriers and all matters incidental thereto, including the operation of all facilities incidental thereto.
(34) The transport or processing of fresh meat, fresh poultry, fresh fish, fresh seafoods, fresh dairy products, fresh bakery products, fresh fruits or fresh vegetables, or ice, bees, or Irish moss, when circumstances require that such work be done on Sunday; or all return trips necessitated thereby.
(35) The transport of livestock, farm commodities and farming equipment for participation in and return from fairs, expositions or sporting events.
(36) The operation of a lodging place, including the letting of rooms and all services necessary and incidental to the letting of rooms.
(37) The carrying on of the business of bootblack before eleven o’clock in the morning, provided that such business may be carried on at any time at public airports.
(38) The employment for a consideration of musicians in parades by any post or camp of an incorporated organization of veterans of any war in which the United States of America was engaged, or by any incorporated civic, religious or fraternal organization, or by any company or association of policemen or firemen.
(39) The necessary preparation for, and the conduct of, events licensed under section four, or activities as to which, under the provisions of paragraph (7) of section four, sections two, three and four do not apply.
(40) Any labor, business or work necessary to the performance of or incidental to any religious exercises, including funerals and burials, the execution of wills or codicils, the preparation of contracts, the execution of federal, state or municipal tax returns or reports, the preparations for trials by lawyers or any other activity not prohibited nor required to be licensed on Sunday.
(41) Work lawfully done by persons working under permits granted under section seven.
(42) The conduct of the business of an innholder or common victualler.
(43) The conduct of any business licensed under chapter one hundred and thirty–eight which may be conducted on Sunday in accordance with the provisions of said chapter.
(44) The operation of a car–washing business between eight o’clock in the forenoon and one o’clock in the afternoon, provided that such business may be carried on at any time if not more than a total of two persons are employed therein at any one time on Sunday and throughout the week.
(45) The operation of a coin–operated self–service laundry.
(46) The operation of a coin–operated car–washing business.
(47) The sale of tickets or shares for the state lottery.
(48) The operation of a self–service auto repair center.
(49) The transport of amusement devices, such as carousels, ferris wheels, inclined railways and other similar devices, concessions stands and tents from one location to the next between eight o’clock in the forenoon and one o’clock in the afternoon.
(50) The keeping open of a store or shop and the sale at retail of goods therein, but not including the retail sale of goods subject to chapter 138, and the performance of labor, business, and work directly connected therewith on Sunday. This exemption shall not apply to any legal holiday as defined in clause eighteenth of section 7 of chapter 4, but this exemption shall apply to the day following Christmas Day when Christmas occurs on a Sunday. In any year in which Christmas Day occurs on a Sunday, this exemption shall not apply to that Sunday.
Any store or shop which qualifies for exemption under this clause or under clause (25) or clause (27) and which employs more than a total of seven persons, including the proprietor, on Sunday or any day throughout the week, shall compensate all employees engaged in the work performed on Sunday pursuant to the provisions of this clause, or clause (25) or clause (27), excepting those bona fide executive or administrative or professional persons earning more than two hundred dollars a week, at a rate not less than one and one-tenth times the employee’s regular rate. No employee engaged in work subject to the provisions of this clause shall be required to perform such work, and refusal to work for any retail establishment on Sunday shall not be grounds for discrimination, dismissal, discharge, reduction in hours, or any other penalty. The provisions of this paragraph shall be enforced by the office of the attorney general. The provisions of section one hundred and eighty A of chapter one hundred and forty–nine shall apply to any violation of this paragraph.
(51) The operation of a home video movie rental business.
(52) The retail sale of alcoholic beverages not to be drunk on the premises on Sundays by retail establishments licensed under section 15 of chapter 138; provided, however, that notwithstanding this chapter, a municipality may prohibit the retail sale of alcoholic beverages on Sundays by licensees under section 15 by vote of the city council or board of selectmen; provided further, that there shall be no such sales prior to the hour of 10:00 a. m. or on Christmas Day if Christmas occurs on a Sunday; and provided further, that establishments operating under this clause which employ more than 7 persons shall compensate all employees for work performed on a Sunday at a rate of not less than one and one-tenth of the employee’s regular rate. No employee shall be required to work on a Sunday and refusal to work on a Sunday shall not be grounds for discrimination, dismissal, discharge, deduction of hours or any other penalty.
(53) The operation of commercial auto schools, otherwise known as driver education.
(54) The cutting and styling of hair, manicuring, and the furnishing of related cosmetological and beauty services.
(54½) The performance of massage therapy services by a massage therapist licensed pursuant to section 228 of chapter 112.
(55) The conduct of banking operations by a bank as defined in section one of chapter one hundred and sixty–seven.
Effective beginning January 1, 2023
Section five shall not prohibit the following:
(1) Any manner of labor, business or work not performed for material compensation; provided, no public nuisance is created thereby.
(2) The opening of a store or shop and the sale at retail of foodstuffs therein; provided, not more than a total of three persons, including the proprietor, are employed therein at any one time on Sunday and throughout the week.
(3) The use or repair of any way or bridge, or the payment and collection of any toll incidental thereto.
(4) The conduct of any public service the continuing operation of which is necessary for the maintenance of life, such as, but not limited to, the operation of municipal water and sewage disposal systems, the operation of hospitals and clinics, or the necessary services of physicians, surgeons, dentists and the like.
(5) The making of emergency repairs for the purposes of immediate and necessary protection of persons, or property including realty, or the towing of any motor vehicle or boat for such purpose.
(6) The manufacture, sale or distribution of steam, electricity, fuel, gas, oxygen, hydrogen, nitrogen, acetylene, carbon dioxide and the calcining of lime, manufacturing processes which for technical reasons require continuous operation, and the processing of checks, items, documents or data by a bank or trust company.
(7) The operation of radio and television stations; the operation of telephone and telegraph systems; or the preparation, printing, publication, sale and delivery of newspapers, or the taking of pictures.
(8) The opening and operation of any secular place of business not otherwise prohibited by law if the natural person in control of the business conscientiously believes that the seventh day of the week, or the period which begins at sundown on Friday night and ends at sundown on Saturday night, should be observed as the Sabbath, and causes all places of business in the commonwealth over which he has control to remain closed for secular business during the entire period of twenty–four consecutive hours which he believes should be observed as the Sabbath, and actually refrains from engaging in secular business and from laboring during that period.
(9) The showing, sale, or rental of noncommercial real property to be used for residential purposes.
(10) The opening of art galleries or the display and sale therein of paintings, objects of art, catalogues and pictures.
(11) The operation of libraries.
(12) The operation of public bathhouses.
(13) The operation of boats for purposes of non–commercial fishing and recreation, or the sale of bait for fishing.
(14) The catching or gathering of seafood and fresh water fish not otherwise prohibited by law.
(15) The letting of horses, vehicles, boats or aircraft for pleasure.
(16) The sale and rental of sporting equipment and clothing on premises where the sport for which the equipment or clothing to be sold or rented is carried on.
(17) The retail sale of fuel, gasoline and lubricating oil and the operation of an automotive service facility.
(18) The retail sale of tires, batteries and automotive parts for emergency use.
(19) The operation of a pleasure vehicle or the piloting of an aircraft.
(20) The sale at retail of growing plants, trees or bushes, and articles incidental to the cultivation of such plants, trees or bushes; and the retail sale and delivery of cut flowers.
(21) The cultivation of land, and the raising and harvesting of agricultural products and fruit, and the making of butter and cheese.
(22) The sale, for consumption off the premises, of food prepared by a common victualler licensed under other provisions of law to serve on Sunday.
(23) The selling of kosher wine or the selling or delivery of kosher meat or fish by any natural person who observes Saturday as the Sabbath by closing his place of business from sundown Friday to sundown Saturday.
(24) The making and baking of bakery products and the sale thereof in a shop or store.
(25) The retail sale of tobacco products, soft drinks, confectioneries, baby foods, fresh fruit and fresh vegetables, dairy products and eggs, and the retail sale of poultry by the person who raises the same.
(26) The sale and delivery of ice.
(27) The retail sale of drugs and medicines and the retail sale or rental of mechanical appliances prescribed by physicians or surgeons, and the retail sale of personal health and sanitary supplies.
(28) The retail sale of greeting cards and photographic films and the processing of photographic films.
(29) The sale, at retail, of gifts, souvenirs, antiques, secondhand furniture, handcrafted goods and art goods, in an establishment primarily engaged in the sale of such merchandise, or on the premises of a licensed common victualler.
(30) The opening of a store or shop primarily engaged in the retail sale of pets, and the sale therein of pets and articles necessary for the keeping, care and feeding of pets.
(31) The transport or delivery of goods in commerce, or for consideration, by motor truck or trailer or other means, and the performance of all activities incidental thereto, including the operation of all facilities and warehousing, necessary to prepare, stage, and effect such transport or delivery; or the loading or unloading of same and the performance of labor, business and work directly or indirectly related thereto.
(32) The transport of goods by rail, water or air; or the loading or unloading of the same.
(33) The transport of persons by licensed carriers and all matters incidental thereto, including the operation of all facilities incidental thereto.
(34) The transport or processing of fresh meat, fresh poultry, fresh fish, fresh seafoods, fresh dairy products, fresh bakery products, fresh fruits or fresh vegetables, or ice, bees, or Irish moss, when circumstances require that such work be done on Sunday; or all return trips necessitated thereby.
(35) The transport of livestock, farm commodities and farming equipment for participation in and return from fairs, expositions or sporting events.
(36) The operation of a lodging place, including the letting of rooms and all services necessary and incidental to the letting of rooms.
(37) The carrying on of the business of bootblack before eleven o’clock in the morning, provided that such business may be carried on at any time at public airports.
(38) The employment for a consideration of musicians in parades by any post or camp of an incorporated organization of veterans of any war in which the United States of America was engaged, or by any incorporated civic, religious or fraternal organization, or by any company or association of policemen or firemen.
(39) The necessary preparation for, and the conduct of, events licensed under section four, or activities as to which, under the provisions of paragraph (7) of section four, sections two, three and four do not apply.
(40) Any labor, business or work necessary to the performance of or incidental to any religious exercises, including funerals and burials, the execution of wills or codicils, the preparation of contracts, the execution of federal, state or municipal tax returns or reports, the preparations for trials by lawyers or any other activity not prohibited nor required to be licensed on Sunday.
(41) Work lawfully done by persons working under permits granted under section seven.
(42) The conduct of the business of an innholder or common victualler.
(43) The conduct of any business licensed under chapter one hundred and thirty–eight which may be conducted on Sunday in accordance with the provisions of said chapter.
(44) The operation of a car–washing business between eight o’clock in the forenoon and one o’clock in the afternoon, provided that such business may be carried on at any time if not more than a total of two persons are employed therein at any one time on Sunday and throughout the week.
(45) The operation of a coin–operated self–service laundry.
(46) The operation of a coin–operated car–washing business.
(47) The sale of tickets or shares for the state lottery.
(48) The operation of a self–service auto repair center.
(49) The transport of amusement devices, such as carousels, ferris wheels, inclined railways and other similar devices, concessions stands and tents from one location to the next between eight o’clock in the forenoon and one o’clock in the afternoon.
(50) The keeping open of a store or shop and the sale at retail of goods therein, but not including the retail sale of goods subject to chapter 138, and the performance of labor, business, and work directly connected therewith on Sunday. This exemption shall not apply to any legal holiday as defined in clause eighteenth of section 7 of chapter 4, but this exemption shall apply to the day following Christmas Day when Christmas occurs on a Sunday. In any year in which Christmas Day occurs on a Sunday, this exemption shall not apply to that Sunday.
No employee engaged in work subject to the provisions of this clause shall be required to perform such work, and refusal to work for any retail establishment on Sunday shall not be grounds for discrimination, dismissal, discharge, reduction in hours, or any other penalty. The provisions of this paragraph shall be enforced by the office of the attorney general. The provisions of section one hundred and eighty A of chapter one hundred and forty–nine shall apply to any violation of this paragraph.
(51) The operation of a home video movie rental business.
(52) The retail sale of alcoholic beverages not to be drunk on the premises on Sundays by retail establishments licensed under section 15 of chapter 138; provided, however, that notwithstanding this chapter, a municipality may prohibit the retail sale of alcoholic beverages on Sundays by licensees under section 15 by vote of the city council or board of selectmen; and provided further, that there shall be no such sales prior to the hour of 10:00 a.m. or on Christmas Day if Christmas occurs on a Sunday. No employee shall be required to work on a Sunday and refusal to work on a Sunday shall not be grounds for discrimination, dismissal, discharge, deduction of hours or any other penalty.
(53) The operation of commercial auto schools, otherwise known as driver education.
(54) The cutting and styling of hair, manicuring, and the furnishing of related cosmetological and beauty services.
(54½) The performance of massage therapy services by a massage therapist licensed pursuant to section 228 of chapter 112.
(55) The conduct of banking operations by a bank as defined in section one of chapter one hundred and sixty–seven.
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| Last updated: | June 18, 2019 |
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