North Dakota Repeal Sunday Retail Closing Law Initiative (2018)

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North Dakota Repeal Sunday Retail Closing Law Initiative
Flag of North Dakota.png
Election date
November 6, 2018
Topic
Business regulation
Status
Not on the ballot
Type
State statute		Origin
Citizens

The North Dakota Repeal Sunday Retail Closing Law Initiative was not on the ballot in North Dakota as an initiated state statute on November 6, 2018.

The measure would have repealed North Dakota's law prohibiting certain retail sales on Sundays between midnight and noon.[1]

Proponents of the measure did not submit signatures before the July 9, 2018, signature deadline, therefore the measure did not secure a place on the 2018 ballot.[2]

Text of measure

Petition title

The petition title is as follows:[1]

“ This initiated measure would repeal two sections of the North Dakota Criminal Code that prohibit businesses from operating between the hours of midnight and noon on Sunday and would repeal a section that provides an exception for 39 specified businesses during those hours. The measure would amend a section of law by removing the prohibition on contracts that require a business to open on Sunday, effective for contracts made on or after January 1, 2019.[3] ”

Full text

The initiative would repeal North Dakota Code 12.1-30-01, 12.1-30-02, and 12.1-30-03, and amend North Dakota Code 12.1-30-04. The following underlined text would have been added and struck-through text would have been deleted:[1][4]

12.1-30-01. Business or labor on Sunday - Exemptions - Classification of offenses.

1. Except as otherwise provided in sections 12.1-30-02 and 12.1-30-03, it is a class B misdemeanor for any person between the hours of twelve midnight and twelve noon on Sunday to do any of the following activities:

a. Engage in or conduct business or labor for profit in the usual manner and location.
b. Operate a place of business open to the public.
c. Authorize or direct that person's employees or agents to take action prohibited under this section.

2. The prohibition in subsection 1 does not apply to a person who in good faith observes a day other than Sunday as the Sabbath, if that person refrains from engaging in or conducting business or labor for profit and closes the place of business to the public between the hours of twelve midnight and twelve noon on the day observed as the Sabbath.

3. The attorney general, a state's attorney, a mayor, a city manager, or a city attorney may petition a district court, for the district where a violation is occurring, to enjoin a violation of this section.

12.1-30-02. Items prohibited from sale or rental on Sunday.

Except for items sold at hobby shows, craft shows, fairs, exhibits, occasional rummage sales including garage sales or other sales for which a sales tax permit is not required, and tourist attractions that derive at least fifty percent of their annual gross sales from seasonal or tourist customers, the sale or rental of any of the following items between the hours of twelve midnight and twelve noon on Sunday is prohibited:

1. Clothing other than work gloves and infant supplies.
2. Clothing accessories.
3. Wearing apparel other than that sold to a transient traveler under emergency conditions.
4. Footwear.
5. Headwear.
6. Home, business, office, or outdoor furniture.
7. Kitchenware.
8. Kitchen utensils.
9. China.
10. Home appliances.
11. Stoves.
12. Refrigerators.
13. Air-conditioners.
14. Electric fans.
15. Radios.
16. Television sets.
17. Washing machines.
18. Dryers.
19. Cameras.
20. Hardware other than emergency plumbing, heating, cooling, or electrical repair or replacement parts and equipment.
21. Tools other than manually driven hand tools.
22. Jewelry.
23. Precious or semiprecious stones.
24. Silverware.
25. Watches.
26. Clocks.
27. Luggage.
28. Motor vehicles other than the daily rental of vehicles by businesses whose sole activity is automobile rental.
29. Musical instruments.
30. The sale of aural or video recordings, records, or tapes. Rental of these items is permitted.
31. Toys other than those customarily sold as novelties or souvenirs.
32. Mattresses.
33. Bed coverings.
34. Household linens.
35. Floor coverings.
36. Lamps.
37. Draperies.
38. Blinds.
39. Curtains.
40. Mirrors.
41. Cloth piece goods.
42. Lawnmowers.
43. Sporting or recreational goods other than those sold or rented on the premises where sports or recreational activities are conducted.
44. Paint and building and lumber supplies.

12.1-30-03. Businesses allowed to operate on Sunday - Limitations.

Subject to the limitations of this section and section 12.1-30-02, a business specified in this section may operate in the business's usual manner, location, and for its usual purposes. The businesses authorized under this section to operate on Sunday include:

1. Restaurants, cafeterias, or other prepared food service organizations.
2. Hotels, motels, and other lodging facilities.
3. Hospitals and nursing homes, including the sale of giftware on the premises.
4. Dispensaries of drugs and medicines.
5. Ambulance and burial services.
6. Generation and distribution of electric power, water, steam, natural gas, oil, or other fuel used as a necessary utility.
7. Distribution of gas, oil, and other fuels.
8. Telephone, telegraph, and messenger services.
9. Heating, refrigeration, and cooling services.
10. Railroad, bus, trolley, subway, taxi, and limousine services.
11. Water, air, and land transportation services and attendant facilities.
12. Cold storage warehouse.
13. Ice manufacturing and distribution facilities and services.
14. Minimal maintenance of equipment and machinery.
15. Plant and industrial protection services.
16. Industries where continuous processing or manufacturing is required by the very nature of the process involved.
17. Newspaper publication and distribution.
18. Newsstands.
19. Radio and television broadcasting.
20. Motion picture, theatrical, and musical performances.
21. Motor vehicle service stations that sell motor fuel and motor oil, and that customarily provide daily repair services or products for any of the following systems or parts of a motor vehicle:
a. Air-conditioning system.
b. Batteries.
c. Electrical system.
d. Engine cooling system.
e. Exhaust system.
f. Fuel system.
g. Tires and tubes.
h. Emergency work necessary for the safe and lawful operation of the motor vehicle.
22. Athletic and sporting events.
23. Parks, beaches, and recreational facilities.
24. Scenic, historic, and tourist attractions.
25. Amusement centers, fairs, zoos, and museums.
26. Libraries.
27. Educational lectures, forums, and exhibits.
28. Service organizations (USO, YMCA, etc.).
29. Coin-operated laundry and drycleaning facilities.
30. Food stores operated by an owner or manager in addition to not more than six employees working in the store at one time on a Sunday; however, the governing body of a city or county may, by ordinance, increase the number of employees allowed to work in a store at one time on a Sunday.
31. Bait shops for the sale of live bait and fishing tackle.
32. Floral nurseries.
33. Christmas tree stands.
34. Hobby shows, craft shows, fairs, and exhibits.
35. Occasional rummage sales, including garage sales or other sales for which a sales tax permit is not required.
36. Community festivals licensed or authorized by the governing body of a city or the board of county commissioners.
37. Premises licensed to dispense beer and alcoholic beverages within the limits prescribed in section 5-02-05.
38. Credit approval services, lodging and travel reservation services, and, notwithstanding section 12.1-30-02, telemarketing of goods and services.
39. Bingo halls and onsite food concessions between the hours of twelve midnight and one a.m. and within the hours permitted under section 12.1-30-01.

12.1-30-04. Retail business leases or agreements - Penalty.

A retail business may not be required to be open on Sunday as a part of a lease agreement, franchise agreement, or any other contractual arrangement made and executed prior to January 1, 2019. A violation of this section is a class A misdemeanor.

Sponsors

North Dakota Open on Sundays is leading the campaign in support of the initiative.[5]

Path to the ballot

See also: Laws governing the initiative process in North Dakota

In North Dakota, the number of signatures required to get an initiated state statute on the ballot is equal to 2 percent of the population at the last decennial census. For 2018 initiatives, the number of signatures required was 13,452.

To get the initiative certified for the primary election on June 12, 2018, signatures were due on February 12, 2018. To get the initiative certified for the general election on November 6, 2018, signatures were due July 9, 2018.

The initiative was submitted to the secretary of state's office for review on July 17, 2017. The secretary of state approved the initiative for signature gathering on July 25, 2017.[6]

Proponents of the measure did not submit signatures before the July 9, 2018, signature deadline, therefore the measure did not secure a place on the 2018 ballot.[7]

See also

Footnotes

  1. ↑ 1.0 1.1 1.2 North Dakota Secretary of State, "Initiative Petition," accessed August 17, 2017
  2. ↑ West Fargo Pioneer, "ND recreational marijuana group submits signatures hours ahead of deadline," accessed July 10, 2018
  3. ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  4. ↑ North Dakota Legislature, "State Code 12.1-30," accessed August 17, 2017
  5. ↑ North Dakota Open on Sundays, "Homepage," accessed September 26, 2017
  6. ↑ North Dakota Secretary of State, "Initiative Timeline," accessed August 17, 2017
  7. ↑ West Fargo Pioneer, "ND recreational marijuana group submits signatures hours ahead of deadline," accessed July 10, 2018
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