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(A) It is declared the policy of the city to allow retail sales and activities on Sunday to the maximum extent consistent with state law.
(B) No person who works on Sunday at his own or any other occupation, or employs any other person in labor or other business, whether for profit or amusement, whether or not his work or the employment of others is in the course of ordinary household duties, work of necessity or charity, or work required in the maintenance or operation of a public service or public utility plant or system, shall be subject to a fine as a result of or under the provisions of KRS 436.160. Further, no such work, employment, or activity on Sunday shall be prohibited or enjoined, either by general penal process or by private injunctive relief, as a result of or under the provisions of KRS 436.160.
(C) No provision of this section shall be construed to permit or allow any activities otherwise prohibited by other statutes or ordinances, and it is specifically provided that this section shall be subject to the following limitations:
(1) No employer shall require as a condition of employment that any employee work on Sunday or on any other day of the week which any such employee may conscientiously wish to observe as a religious Sabbath.
(2) No employer shall in any way discriminate in the hiring or retaining of employees between those who designate a Sabbath as their day of rest and those who do not take such designations; however, the payment of premium or over-time wage rates for Sunday employment shall not be deemed discriminatory.
(3) No person permitted under the provisions of this section to engage in a retail business on Sunday shall be open to the public between the hours of 6:00 a.m. and 12:00 noon on any Sunday.
(4) Every employer engaged in retail sales on Sunday shall allow each person employed by him in connection with the business or service at least 24 consecutive hours of rest in each calendar week in addition to the regular periods of rest normally allowed or legally required in each working day.
(5) No business shall be required to be open on Sunday as part of a lease agreement, franchise agreement, or any other contractual agreement. This shall not apply, however, to any such agreement entered into before July 15, 1980.
(KRS 436.165) (Ord. 19-1972, passed 7-l-72) Penalty, see § 110.99