(A) On the first day of the week, commonly known and designated as Sunday, no person shall engage in work, labor or business or employ any person to engage in work, labor or business, except in household or other work of necessity or charity. Except as hereinafter provided, the exemption for works of necessity or charity contained in the preceding sentence shall not be deemed to include selling at retail or wholesale or by auction, or offering or attempting to sell on Sunday any of the following: jewelry, precious and semi-precious stones, silverware, watches, clocks, luggage, musical instruments, recordings, toys, clothing and wearing apparel, clothing accessories, footwear, textile yard goods, housewares, china, kitchenware, home, business, office or outdoor furniture, furnishings and appliances, sporting goods (excluding sales or rental of bathing, boating and fishing paraphernalia and equipment, and sales or rental on the premises where sports, athletic games and events or recreational facilities are located or conducted of equipment essential to the normal use or operation of such premises for the purposes specified), pets, pet equipment or supplies, photographic supplies (excluding cameras, film and flash bulbs), hardware (excluding light bulbs, batteries and electrical fuses), tools, paints, building and lumber supplies and materials, motor vehicles and farm implements. Also such exemption shall not be deemed to include the redemption of trading stamps. No inference shall arise from the foregoing enumeration of classes of personal property that sales or offers or attempts to sell other classes of personal property not mentioned are included within the above exemptions for works of necessity or charity.
(B) It shall not be a violation of the preceding division (A) for any person to engage in any of the following activities on Sunday:
(1) Transportation of the mail or any other activity in connection with the mail;
(2) Transportation of persons or property by any present or future mode of public or private conveyance or other activity in connection with any such mode of public or private conveyance;
(3) The operation of car-washing establishments, garages and gasoline service stations, including the sale of commodities and services customarily furnished at such garages and service stations;
(4) The operation of public utilities, manufacturing establishments, construction work, the production and processing of natural resources, or where there is an obligation to fulfill a provision in a contract wherein time is of the essence;
(5) Operation of grocery stores, restaurants, taverns or other similar establishments engaged primarily in the sale of beverages or food products for human consumption;
(6) An isolated transaction in which any tangible personal property is sold by the owner thereof, such sale not being made in the ordinary course of repeated and successive transactions of like character by such owner;
(7) Professional and amateur sports, athletic contests and events, and concessions incidentally connected therewith;
(8) Operation of recreational, amusement, scenic, historic and educational facilities and activities in connection therewith;
(9) Advertising the sale of property or services;
(10) Unattended vending machines, vending personal property or services;
(11) The operation of antique shops and novelty and souvenir shops;
(12) The showing of real estate or mobile homes;
(13) The operation of a retail outlet for the exclusive sale of its products by an industry located in West Virginia;
(14) The sale of farm produce; the repair and operation of farm and orchard implements and equipment, and the spraying and dusting of farm crops by airplane;
(15) The sale of flowers or floral wreaths and arrangements;
(16) The sale at retail of hunting and fishing licenses and the sale of ammunition to persons possessing a valid hunting license;
(17) The sale of magazines, books, periodicals and newspapers; and
(18) An isolated sale made to meet what the seller believes in good faith to be an unexpected emergency in which the health or property of some person is in jeopardy.
(C) No contract shall be deemed void because it is made on Sunday.
('71 Code, § 509.06) Penalty, see § 101.99
Statutory reference:
For similar provisions, see W. V. Code §§ 61-10-25 and 61-10-26