11198ORDINANCE NO. 11,198
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AN ORDINANCE TO PROHIBIT THE SALE OF MERCHANDISE ON
SUNDAY WITH CERTAIN EXCEPTIONS;_TO DECLARE UNLAWFUL
C„ SELLING ON SUNDAY TO BE A NUISANCE; TO-PROVIDE FOR
INJUNCTION; TO FIX.PENALTIES AND FOR OTHER PURPOSES_
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o WHEREAS, it is deemed necessary for the health, safety and
welfare of the people of the City of Little Rock that they should
abe afforded the opportunity to have at least twenty -four (24)
W consecutive hours of rest in an unbroken period; and
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WHEREAS, it will prevent discrimination and promote equality
and uniformity if a common day of rest and recreation is designated
1O as the public policy; and
WHEREAS, the first day of the week, Sunday, has historically
obeen observed as a day of rest and recreation by the vast majority
>1 of the residents of the City of Little Rock;
ra NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF
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THE CITY OF LITTLE ROCK, ARKANSAS:
SECTION 1. That no person, association, or corporation is
the City of Little Rock shall do or perform any labor or work, or
cause or permit the same to be done or performed by his or its
agents, employees or servants, in order to sell, dispose of, barter,
trade, deal in or give away or offer to sell or display to the
public for sale any articles of merchandise on Sunday, except that
the following or similar items may be sold:
(a) Milk, bread, cakes, pastries, fresh fruits, prepared
foods such as but not limited to cooked meats and fish,
slaw, salads, cheese, preserves, pickles and relishes;
(b) Cut flowers,shrubbery and growing plants;
(c) Drugs and medical supplies and all other such items
as -are customarily used for the relief of pain and the
preservation of health; toilet goods; cameras and camera
supplies; baby foods; school supplies; flashlights and
batteries; light bulbs; insecticides; charcoals; tennis
balls; golf balls and items of similar character; toys;
baby supplies and seasonal decorations;
(d) Cigars, cigarettes, and other tobacco supplies;
candy, ice cream, sodas and soft drinks; ice, live bait,
artificial bait s fishin supplies and equipment except
rods, reels, motors and or boats;
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(e) Newspapers, stationery (limited to writing supplies
and related items only), greeting cards, paper goods
(limited to recreational supplies only), periodicals,
magazines, and books;
(f) Gasoline, oil, greases and articles used in servicing
motor vehicles;
(g) Professional services and the following businesses
may be conducted: Hotels, motels, restaurants, theaters,
athletic events, public utilities, parks and recreational
and cultural facilities, hospitals, undertaking establish-
ments and annual trade shows and exhibitions.
(h) In places of business open on Sunday to sell the above
enumerated articles, displays of other articles not herein
permitted to be sold shall be restricted by appropriate
signs or other devices indicating that items other than
those permitted to be sold as hereinabove set forth may
not be sold.
SECTION 2. No person who from religious belief keeps any
other twenty -four (24) hour period as a day of rest, and who actually
refrains from business and labor on that day, shall be required to
observe the common rest day of this ordinance and shall not be
liable to the penalties enacted for such: Provided, that no store
shall sell the items not included as allowable in the preceding
section.
SECTION 3. It is hereby declared that the sale of any articles
on Sunday prohibited by this ordinance shall be, and is declared to
be a public nuisance, and any store or other establishment wherein
such sales or offers of sales are made in violation of this ordinance
is hereby declared to be a public nuisance, and, any citizen of this
City may enjoin said nuisance in the Chancery Court of this district.
The issuance of an injunction shall not relieve a person from crimi-
nal prosecution for violation of the provisions of this ordinance,
but such remedy of injunction shall be in addition to liability to
criminal prosecution.
SECTION 4. Every person, association or corporation who shall
violate this ordinance shall be guilty of a misdemeanor and shall
upon conviction therefor be fined in a sum not less than Twenty Five
Dollars ($25.00), nor more than One Hundred Dollars ($100.00). Each
day on which the sale of a prohibited item is made shall be deemed
to constitute a separate offense.
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SECTION 5. The provisions of this ordinance are separable
and if any section, sentence or word shall be declared to be
invalid as to any person, association or corporation, it shall
not affect the remaining parts thereof nor its application in
general.
SECTION 6. All ordinances and parts of ordinances in con-
flict herewith are hereby repealed.
PASSED: July 17, 1961
ATTEST: APPROVED:
City Clerk /a/ot