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.