(A) The General Assembly finds that certain areas of the State would benefit greatly from a complete exemption from Chapter 1 of Title 53. This benefit would be a result of an expanded tax base thereby reducing the burden placed on property owners through the property tax. Allowing the operation of establishments on Sunday in these areas also would reduce the property tax burden through additional accommodations tax revenue which allows these areas to provide necessary governmental service from these revenues.
(B) The provisions of Chapter 1 of Title 53 do not apply to any county area, as defined in Section 6-4-5(1), which collects more than nine hundred thousand dollars in one fiscal year in revenues from the accommodations tax provided for in Section 12-36-2630(3) and imposed in Section 12-36-920(A). After a county area has collected more than nine hundred thousand dollars in one fiscal year in revenues from the accommodations tax provided for in Section 12-36-2630(3) and imposed in Section 12-36-920(A), the exclusion from the provisions of Chapter 1 of Title 53 will continue from year to year irrespective of whether revenue falls below nine hundred thousand dollars in subsequent years.
(C) Any employee of any business which operates on Sunday under the provisions of this section has the option of refusing to work in accordance with Section 53-1-100. Any employer who dismisses or demotes an employee because he is a conscientious objector to Sunday work is subject to a civil penalty of treble the damages found by the court or the jury plus court costs and the employee's attorney's fees. The court may order the employer to rehire or reinstate the employee in the same position he was in prior to dismissal or demotion without forfeiture of compensation, rank, or grade.
No proprietor of a retail establishment who is opposed to working on Sunday may be forced by his lessor or franchisor to open his establishment on Sunday nor may there be discrimination against persons whose regular day of worship is Saturday.
HISTORY: 1985 Act No. 86 Section 3; 1995 Act No. 134, Section 3, eff (became law without the Governor's signature on June 13, 1995).
Editor's Note
SECTIONS 12-35-710 and 12-35-730 have been repealed, see Sections 12-36-920 and 6-4-20 respectively.
Effect of Amendment
The 1995 amendment, in subsection (B), changed the statutory references and added the last sentence.
Structure South Carolina Code of Laws
Title 53 - Sundays, Holidays and Other Special Days
Section 53-1-6. Failure of law enforcement officer to enforce provisions of chapter.
Section 53-1-10. Permit required for holding sports and entertainment events.
Section 53-1-15. Certain automobile races exempt from prohibitions of section 53-1-10.
Section 53-1-40. Unlawful to work on Sunday.
Section 53-1-50. Exceptions to prohibition on Sunday work.
Section 53-1-60. Sale of certain items on Sunday prohibited.
Section 53-1-70. Penalties for violating prohibition on Sunday work.
Section 53-1-80. Sunday work declared public nuisance; injunctive relief; time off to attend church.
Section 53-1-90. Prohibitions on Sunday work and sales shall not affect certain businesses.
Section 53-1-130. Exceptions for manufacturing plants requiring continuous operation.
Section 53-1-140. Manufacturing of bakery products as requiring continuous operation.