7361 - Worldly employment or business.
SUBCHAPTER B SUNDAY TRADING Sec. 7361. Worldly employment or business. 7362. Trading in motor vehicles and trailers (Repealed). 7363. Selling certain personal property. 7364. Selling or otherwise dealing in fresh meats, produce and groceries. 7365. Trading in motor vehicles and trailers. Constitutionality. Subchapter B (§§ 7361 - 7364) was declared unconstitutional on October 5, 1978, by the Supreme Court of Pennsylvania in Kroger Co. v. O'Hara Township, 481 Pa. 101, 392 A.2d 266 (1978). § 7361. Worldly employment or business. (a) Offense defined.--A person is guilty of a summary offense if he does or performs any worldly employment or business whatsoever on Sunday (works of necessity, charity and wholesome recreation excepted). (b) Exception.--Subsection (a) of this section shall not prohibit: (1) The dressing of victuals in private families, bake- houses, lodginghouses, inns and other houses of entertainment for the use of sojourners, travellers or strangers. (2) The sale of newspapers. (3) Watermen from landing their passengers, or ferrymen from carrying over the water travellers. (4) Work in connection with the rendering of service by a public utility as defined in the Public Utility Law. (5) Persons removing with their families. (6) The delivery of milk or the necessaries of life, before nine o'clock antemeridian, nor after five o'clock postmeridian. (7) The production and performance of drama and civic light opera for an admission charge by nonprofit corporations in cities of the second class, between the hours of two o'clock postmeridian and 12 o'clock midnight. (8) The conducting, staging, managing, operating, performing or engaging in basketball, ice shows and ice hockey for an admission charge in cities of the first and second class, between the hours of two o'clock postmeridian and 12 o'clock midnight. (c) Definition.--As used in this section "wholesome recreation" means golf, tennis, boating, swimming, bowling, basketball, picnicking, shooting at inanimate targets and similar healthful or recreational exercises and activities. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days) 1978 Repeal Note. Act 53 repealed the last sentence of subsec. (a). The repealed provisions have been deleted from the text. Constitutionality. Section 7361 was declared unconstitutional on October 5, 1978, by the Supreme Court of Pennsylvania in Kroger Co. v. O'Hara Township, 481 Pa. 101, 392 A.2d 266 (1978). References in Text. The Public Utility Law, referred to in subsection (b), was repealed by the act of July 1, 1978 (P.L.598, No.116). The subject matter is now contained in Part I of Title 66 (Public Utilities). Cross References. Section 7361 is referred to in section 3571 of Title 42 (Judiciary and Judicial Procedure).