Sunday Trading Law (2003 Revision) SUNDAY TRADING LAW

Sunday Trading Law (2003 Revision) Supplement No. 9 published with Gazette No. 14 of 14th July, 2003. SUNDAY TRADING LAW (2003 Revision) Cap. 161 of the 1963 Revised Edition of the Laws consolidated with Law 2 of 1986 and with the Sunday Trading Order, 1964 (GN 107 of 1964), the Sunday Trading Order, 1989, the Sunday Trading (No.2) Order, 1989, the Sunday Trading Order, 1990, the Sunday Trading (No.2) Order, 1990, the Sunday Trading (No.2) Order, 1991 (sic), the Sunday Trading Order, 1992, the Sunday Trading Order, 1993, the Sunday Trading Order, 1994, the Sunday Trading Order, 1995, the Sunday Trading (Amendment) Order, 2002 and the Sunday Trading (Amendment) (No.2) Order, 2002. Revised under the authority of the Law Revision Law (1999 Revision). Originally enacted- Cap. 161-1st January 1964 Law 2 of 1986-11th March 1986. Originally made- Order 1964-28th October, 1964 Order 1989-7th February 1989 Order (No.2) 1989-6th December 1989 Order 1990-27th November 1990 Order (No. 2) 1990-27th November 1990 Order (No. 2) 1991-3rd December 1991 Order 1992-28th January 1992 Order 1993-19th January 1993 Order 1994-11th January 1994 Order 1995-24th January 1995 Order 2002-19th July, 2002 Order (No.2) 2002-19th July, 2002. Consolidated and revised this 27th day of May, 2003. Note ( not forming part of the Law): This revision replaces the 1995 Revision which should now be discarded. Sunday Trading Law (2003 Revision) 2 Sunday Trading Law (2003 Revision) SUNDAY TRADING LAW (2003 Revision) ARRANGEMENT OF SECTIONS 1. Short title 2. Definition 3. Business places not to open on prohibited days 4. Powers of police 5. Sale, offer or exposing of goods for sale on prohibited days 6. Exempted premises and goods 7. Division of certain premises 8. Delivery of goods sold by retail 9. Offences and penalties Schedule: Premises not subject to the Law 3 Sunday Trading Law (2003 Revision) 4 Sunday Trading Law (2003 Revision) SUNDAY TRADING LAW (2003 Revision) 1. This Law may be cited as the Sunday Trading Law (2003 Revision). Short title 2. In this Law- Definition “prohibited day” means a Sunday, Good Friday or Christmas Day. 3. A person shall not open any place of business on a prohibited day. Business places not to open on prohibited days 4. Any constable may require any person contravening section 3 to close the Powers of police place of business concerned and it shall be the duty of that person to comply forthwith with such requirement. 5. A person shall not sell, offer or expose for sale any goods, ware or Sale, offer or exposing merchandise on a prohibited day. of goods for sale on prohibited days 6. (1) This Law shall not apply to the premises specified in the Schedule. Exempted premises and goods (2) The Governor in Council may, from time to time, by order, vary the Schedule. 7. (l) Subsection (2) shall apply where- Division of certain premises (a) in any premises a trade or business of any kind is carried on in conjunction with, or by or on behalf of the same person as, one or more than one trade or business of another kind; or (b) any trade or business carried on in those premises is of such a kind that if carried on there alone it could by virtue of section 6 be lawfully carried on on a prohibited day. (2) In any premises to which subsection (l) applies such trade or business as is referred to in paragraph (b) thereof may lawfully be carried on on a prohibited day only if any part of the premises not wholly used for the purposes of that trade or business is properly partitioned off from the public and from public view while trade or business is being carried on. 8. Goods sold by retail to a customer shall not be delivered or despatched for Delivery of goods sold delivery from a shop at any time when, under this Law, a customer could not be by retail served with those goods in that shop. 5 Sunday Trading Law (2003 Revision) 9. Whoever contravenes this Law is guilty of an offence and liable on summary Offences and penalties conviction to a fine of five hundred dollars for a first conviction and to a fine of one thousand dollars or to imprisonment for six months for a second or subsequent conviction. SCHEDULE (section 6) Premises Not Subject to the Law 1. Druggist shops and dispensaries in relation to the sale of medical stores only. 2. Restaurants, hotels and lodging houses. 3. Establishments for the sale of motor fuel or oils, in relation to the sale of those items. 4. Motor vehicle repair shops or service stations, in relation to the sale of those items and of spare parts for motor vehicles. 5. Establishments for the sale of bread ice, ice-cream, non-alcoholic beverages, milk, newspapers, bottled water and water in bulk, in relation to the sale of those items. 6. Establishments governed by any law for the time being in force in the Islands regulating the sale of intoxicating liquor, in relation to the sale of intoxicating liquor. 7. Establishments approved by the Governor in Council by publication in the Gazette for the sale of duty-free goods. 8. Establishments concerned in watersports or sightseeing attractions. 9. Establishments within the curtilage of a hotel in relation to the sale of souvenir items, toiletries and medical supplies. 10. Establishments engaged in the sale or supply of funeral caskets or flowers, in relation to the sale or supply of those items. 11. Establishments for the sale of victuals, stores or other necessaries required for a ship or aircraft on arrival at or immediately before departure from a port or airport in the Islands, in relation to the sale of those items. 12. Hairdressing and beauty salons. 6 Sunday Trading Law (2003 Revision) 13. Airline and shipping offices. 14. Establishments carrying on retail business at an airport. 15. Establishments concerned in the rental of motorcars, motor-cycles or bicycles, or in the rental or charter of boats, in relation to such rentals or charters. 16. Establishments engaged in the sale or supply of toiletries, in relation to the sale or supply or those items. 17. Establishments engaged in the sale or supply of baby products (other than clothing and toys), in relation to the sale or supply of those items. 18. Establishments concerned in the provision of such essential services as may be prescribed by the Governor in Council by order. 19. Establishments in Grand Cayman selling, mainly to tourists, duty-free goods, locally produced goods or souvenir items, in relation to those goods, during the permitted opening hours of the prohibited days as specified by variation orders made, from time to time, under section 6(2). 20. Establishments engaged in the conduct of public cinematographic exhibitions, in relation to the exhibition, on Sundays between the hours of 2:00 p.m. and 9:00 p.m. of films which have been designated by the British or American Film Censorship Authorities as suitable for viewing by children aged sixteen years and under. Publication in consolidated and revised form authorised by the Governor in Council this 27th day of May, 2003. Carmena Watler Clerk of Executive Council 7 Sunday Trading Law (2003 Revision) (Price $ 1.60) 8