{"data":{"id":"us-ky/krs-436.165","jurisdiction":"us-ky","citation":"KRS 436.165","heading":"Retail sales and activities on Sunday subject to control of legislative body","body":"of city or county -- Restrictions -- Public vote.\nIn addition to the provisions of KRS 436.160:\n(1) The legislative body of any city, except as to activities permitted under KRS\n436.160, shall have the exclusive power to enact ordinances or orders permitting\nand regulating other retail sales and activities on Sunday within its jurisdictional\nboundaries, subject to subsection (4) hereof.\n(2) The fiscal court of each county, exc ept as to activities permitted under KRS\n436.160, shall have exclusive power to enact resolutions or orders permitting and\nregulating other retail sales and activities on Sunday in that portion of the county\nwhich lies outside of the corporate limits of an y cities within said county, subject to\nsubsection (4) hereof.\n(3) In any city, county, or urban -county government where the legislative body has\nfailed to enact ordinances permitting retail sales and activities on Sunday, the matter\nmay be put to a vote o f the people. Upon a petition signed by eligible voters in a\nnumber equal to twenty -five percent (25%) of the voters who voted in the last\ngeneral election, a proposition to permit retail sales and activities on Sunday shall\nbe placed before the voters at the next general election. Any such petition shall be\nsubmitted to the county clerk of that county for verification of the signatures. The\npetition shall be submitted to the county clerk and certified by the county clerk as\nsufficient not later than the se cond Tuesday in August prior to a general election to\nbe eligible for placement of the question before the voters.\n(4) Notwithstanding subsections (1), (2), and (3) of this section, any ordinance,\nresolution or order adopted by the legislative body of any city or the fiscal court of\nany county pertaining to retail sales and activities on Sunday shall be subject to the\nfollowing limitations:\n(a) No employer shall require as a condition of employment that any employee\nwork on Sunday or on any other day of the  week which any such employee\nmay conscientiously wish to observe as a religious Sabbath.\n(b) No employer shall in any way discriminate in the hiring or retaining of\nemployees between those who designate a Sabbath as their day of rest and\nthose who do not make such designation, provided, however, that the payment\nof premium or overtime wage rates for Sunday employment shall not be\ndeemed discriminatory.\n(c) No person permitted, under the provisions of this section, to engage in a retail\nbusiness on Sunday s hall be open to the public between the hours of 6 a.m.\nand noon on any Sunday.\n(d) Every employer engaged in retail sales on Sunday shall allow each person\nemployed by him in connection with such business or service at least twenty -\nfour (24) consecutive ho urs of rest in each calendar week in addition to the\nregular periods of rest normally allowed or legally required in each working\nday.\n(e) No business shall be required to be open on Sunday as part of a lease\nagreement, franchise agreement or any other con tractual arrangement. The\nprovisions of this subsection shall not apply to any lease agreement, franchise\nagreement or any other contractual arrangement entered into before July 15,\n1980.","path":["KRS Chapter 436"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=18986","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:50Z","sha256":"6367efadde383e24d12d4196712acfe5993f51763e62edc89b9e744f7c2a0d91","source_id":"us-ky","stale":false,"prev":"us-ky/krs-436.160","next":"us-ky/krs-436.170"},"notice":"GroundRules: Original legal text. Not legal advice."}