OBSERVANCE OF A COMMON DAY OF REST AND LEGAL HOLIDAYS

M.G.L. pt. Part I, tit. Title XX, ch. c. 136

in effect

M.G.L. c. 136, § 1 Common day of rest; designation; citation

c. 136, § 1. Common day of rest; designation; citation Section 1. Sunday shall be a common day of rest. Sections one to eleven, inclusive, of this chapter may be cited as the Common Day of Rest Law.

M.G.L. c. 136, § 2 Sports, games and entertainment on Sunday; presence at or engagement in certain unlicensed activities for which charge is made; penalty

c. 136, § 2. Sports, games and entertainment on Sunday; presence at or engagement in certain unlicensed activities for which charge is made; penalty Section 2. Whoever on Sunday is present at or engages in dancing, except folk or square dancing, or any game, sport, fair, exposition, play, entertainment or public diversion for which a charge in the form of the payment or collection of money or other valuable consideration is made for the privilege of being present thereat or engaging therein, and for which a license has not been granted under the provisions of section two of chapter one hundred and twenty-eight A or as provided in section four, shall be punished by a fine of not more than fifty dollars.

M.G.L. c. 136, § 3 Sports, games and entertainment on Sunday; offering to view or promoting certain unlicensed activities; penalties

c. 136, § 3. Sports, games and entertainment on Sunday; offering to view or promoting certain unlicensed activities; penalties Section 3. Whoever on Sunday offers to view, sets up, establishes or maintains, or attempts to set up, establish or maintain, or promotes or assists in such attempt, or promotes, or aids, abets or participates in offering to view, setting up, establishing or maintaining, or acts as proprietor, manager or person in charge of, dancing or any game, sport, fair, exposition, play, entertainment or public diversion for which a charge in the form of the payment of money or other valuable consideration is made for the privilege of being present thereat or engaging therein, and for which a license has not been granted under the provisions of section two of chapter one hundred and twenty-eight A or as provided in section four, shall be punished by a fine of not more than two thousand dollars.

M.G.L. c. 136, § 4 Sports, games and entertainment on Sunday; license; application; issuance; fee; revocation, etc.; application of section

c. 136, § 4. Sports, games and entertainment on Sunday; license; application; issuance; fee; revocation, etc.; application of section Section 4. (1) The mayor of a city or the selectmen of a town, upon written application describing the proposed dancing or game, sport, fair, exposition, play, entertainment or public diversion, except as provided in section one hundred and five of chapter one hundred and forty-nine, may grant, upon such reasonable terms and conditions as they may prescribe, a license to hold on Sunday dancing or any game, sport, fair, exposition, play, entertainment or public diversion for which a charge in the form of payment or collection of money or other valuable consideration is made for the privilege of being present thereat or engaging therein, except horse racing, dog racing, boxing, wrestling and hunting with firearms; provided, however, that no such license shall be issued for dancing for which a charge in the form of the payment or collection of money or other valuable consideration is made for the privilege of engaging therein; and provided further, however, that no license issued under this paragraph shall be granted to permit such activities before one o'clock in the afternoon; and provided further, that such application, except an application to conduct an athletic game or sport, shall be approved by the commissioner of the division of occupational licensure and shall be accompanied by a fee of two dollars, or in the case of an application for the approval of an annual license by a fee of fifty dollars. (2) Licenses may be issued by the authorities designated in paragraph (1) to permit such activities before one o'clock in the afternoon, with the written approval of the commissioner of the division of occupational licensure and upon such reasonable terms and conditions as prescribed by him therein. The application for the approval of the proposed activity by the commissioner shall be in writing and shall be accompanied by a fee of five dollars or in the case of an application for the approval of an annual license by a fee of one hundred dollars. (3) The licensing authority, or the commissioner of the division of occupational licensure or his designee, may revoke, cancel or suspend any license issued under this section upon evidence that the terms or conditions of such license or provisions of law are being violated; provided, however, that said commissioner shall not revoke, cancel or suspend any license issued under paragraph (1) which he is not required by said paragraph to approve. (4) The city council of a city or board of selectmen of a town may determine fees for the issuance of licenses, but in no event shall any such fee be greater than twenty dollars per event and four hundred dollars per year. (5) The city council of a city and board of selectmen of a town may make regulations relative to granting of licenses under this section and may revoke or amend them from time to time. (6) The provisions of this section shall not apply to premises licensed under the provisions of section one hundred and eighty-three A of chapter one hundred and forty; provided, however, that paragraph (2), insofar as it regulates activities on such premises between the hours of two o'clock in the morning and one o'clock in the afternoon on Sunday, shall apply to premises licensed under said section one hundred and eighty-three A of said chapter one hundred and forty. (7) Sections two and three and this section shall not apply to golf, tennis, bowling, skiing, or any activity in a gymnasium or on any rink, court, or field, for which a charge is made only for the privilege of engaging therein and not for the privilege of being present thereat as a spectator, nor to the conduct for charitable purposes of amateur contests involving time trial driving of automobiles nor to beano games licensed under the provisions of section thirty-eight of chapter ten. (8) Sections 2 and 3 and this section shall not apply to an athletic game or contest for which a charge in the form of the payment of money or other valuable consideration is made for the privilege of being present thereat, conducted, presented or exhibited on Sunday prior to 1 o'clock antemeridian; provided, however, the said athletic game or contest was commenced before the hour of 9 o'clock postmeridian on Saturday and it was necessary to continue said game after midnight on Saturday in order to complete the game. (8A) Sections 2 and 3 and this section shall not apply to the exhibition of motion pictures by a movie theater, including any drive-in theater, licensed under the provisions of section 181 of chapter 140. (9) Sections two and three and this section shall not apply to standardbred racing conducted under the provisions of clauses (b) and (c) of section eleven of chapter twenty.

M.G.L. c. 136, § 5 Business, trade, labor or work on Sunday; conducting business on Sunday; penalty

c. 136, § 5. Business, trade, labor or work on Sunday; conducting business on Sunday; penalty Section 5. Whoever on Sunday keeps open his shop, warehouse, factory or other place of business, or sells foodstuffs, goods, wares, merchandise or real estate, or does any manner of labor, business or work, except works of necessity and charity, shall be punished by a fine of not less than twenty dollars nor more than one hundred dollars for a first offense, and a fine of not less than fifty dollars nor more than two hundred dollars for each subsequent offense, and each unlawful act or sale shall constitute a separate offense.

M.G.L. c. 136, § 6 Business, trade, labor or work on Sunday; limitation of operation of Sec. 5

c. 136, § 6. Business, trade, labor or work on Sunday; limitation of operation of Sec. 5 Section 6. Section five shall not prohibit the following: (1) Any manner of labor, business or work not performed for material compensation; provided, no public nuisance is created thereby. (2) The opening of a store or shop and the sale at retail of foodstuffs therein; provided, not more than a total of three persons, including the proprietor, are employed therein at any one time on Sunday and throughout the week. (3) The use or repair of any way or bridge, or the payment and collection of any toll incidental thereto. (4) The conduct of any public service the continuing operation of which is necessary for the maintenance of life, such as, but not limited to, the operation of municipal water and sewage disposal systems, the operation of hospitals and clinics, or the necessary services of physicians, surgeons, dentists and the like. (5) The making of emergency repairs for the purposes of immediate and necessary protection of persons, or property including realty, or the towing of any motor vehicle or boat for such purpose. (6) The manufacture, sale or distribution of steam, electricity, fuel, gas, oxygen, hydrogen, nitrogen, acetylene, carbon dioxide and the calcining of lime, manufacturing processes which for technical reasons require continuous operation, and the processing of checks, items, documents or data by a bank or trust company. (7) The operation of radio and television stations; the operation of telephone and telegraph systems; or the preparation, printing, publication, sale and delivery of newspapers, or the taking of pictures. (8) The opening and operation of any secular place of business not otherwise prohibited by law if the natural person in control of the business conscientiously believes that the seventh day of the week, or the period which begins at sundown on Friday night and ends at sundown on Saturday night, should be observed as the Sabbath, and causes all places of business in the commonwealth over which he has control to remain closed for secular business during the entire period of twenty-four consecutive hours which he believes should be observed as the Sabbath, and actually refrains from engaging in secular business and from laboring during that period. (9) The showing, sale, or rental of noncommercial real property to be used for residential purposes. (10) The opening of art galleries or the display and sale therein of paintings, objects of art, catalogues and pictures. (11) The operation of libraries. (12) The operation of public bathhouses. (13) The operation of boats for purposes of non-commercial fishing and recreation, or the sale of bait for fishing. (14) The catching or gathering of seafood and fresh water fish not otherwise prohibited by law. (15) The letting of horses, vehicles, boats or aircraft for pleasure. (16) The sale and rental of sporting equipment and clothing on premises where the sport for which the equipment or clothing to be sold or rented is carried on. (17) The retail sale of fuel, gasoline and lubricating oil and the operation of an automotive service facility. (18) The retail sale of tires, batteries and automotive parts for emergency use. (19) The operation of a pleasure vehicle or the piloting of an aircraft. (20) The sale at retail of growing plants, trees or bushes, and articles incidental to the cultivation of such plants, trees or bushes; and the retail sale and delivery of cut flowers. (21) The cultivation of land, and the raising and harvesting of agricultural products and fruit, and the making of butter and cheese. (22) The sale, for consumption off the premises, of food prepared by a common victualler licensed under other provisions of law to serve on Sunday. (23) The selling of kosher wine or the selling or delivery of kosher meat or fish by any natural person who observes Saturday as the Sabbath by closing his place of business from sundown Friday to sundown Saturday. (24) The making and baking of bakery products and the sale thereof in a shop or store. (25) The retail sale of tobacco products, soft drinks, confectioneries, baby foods, fresh fruit and fresh vegetables, dairy products and eggs, and the retail sale of poultry by the person who raises the same. (26) The sale and delivery of ice. (27) The retail sale of drugs and medicines and the retail sale or rental of mechanical appliances prescribed by physicians or surgeons, and the retail sale of personal health and sanitary supplies. (28) The retail sale of greeting cards and photographic films and the processing of photographic films. (29) The sale, at retail, of gifts, souvenirs, antiques, secondhand furniture, handcrafted goods and art goods, in an establishment primarily engaged in the sale of such merchandise, or on the premises of a licensed common victualler. (30) The opening of a store or shop primarily engaged in the retail sale of pets, and the sale therein of pets and articles necessary for the keeping, care and feeding of pets. (31) The transport or delivery of goods in commerce, or for consideration, by motor truck or trailer or other means, and the performance of all activities incidental thereto, including the operation of all facilities and warehousing, necessary to prepare, stage, and effect such transport or delivery; or the loading or unloading of same and the performance of labor, business and work directly or indirectly related thereto. (32) The transport of goods by rail, water or air; or the loading or unloading of the same. (33) The transport of persons by licensed carriers and all matters incidental thereto, including the operation of all facilities incidental thereto. (34) The transport or processing of fresh meat, fresh poultry, fresh fish, fresh seafoods, fresh dairy products, fresh bakery products, fresh fruits or fresh vegetables, or ice, bees, or Irish moss, when circumstances require that such work be done on Sunday; or all return trips necessitated thereby. (35) The transport of livestock, farm commodities and farming equipment for participation in and return from fairs, expositions or sporting events. (36) The operation of a lodging place, including the letting of rooms and all services necessary and incidental to the letting of rooms. (37) The carrying on of the business of bootblack before eleven o'clock in the morning, provided that such business may be carried on at any time at public airports. (38) The employment for a consideration of musicians in parades by any post or camp of an incorporated organization of veterans of any war in which the United States of America was engaged, or by any incorporated civic, religious or fraternal organization, or by any company or association of policemen or firemen. (39) The necessary preparation for, and the conduct of, events licensed under section four, or activities as to which, under the provisions of paragraph (7) of section four, sections two, three and four do not apply. (40) Any labor, business or work necessary to the performance of or incidental to any religious exercises, including funerals and burials, the execution of wills or codicils, the preparation of contracts, the execution of federal, state or municipal tax returns or reports, the preparations for trials by lawyers or any other activity not prohibited nor required to be licensed on Sunday. (41) Work lawfully done by persons working under permits granted under section seven. (42) The conduct of the business of an innholder or common victualler. (43) The conduct of any business licensed under chapter one hundred and thirty-eight which may be conducted on Sunday in accordance with the provisions of said chapter. (44) The operation of a car-washing business between eight o'clock in the forenoon and one o'clock in the afternoon, provided that such business may be carried on at any time if not more than a total of two persons are employed therein at any one time on Sunday and throughout the week. (45) The operation of a coin-operated self-service laundry. (46) The operation of a coin-operated car-washing business. (47) The sale of tickets or shares for the state lottery. (48) The operation of a self-service auto repair center. (49) The transport of amusement devices, such as carousels, ferris wheels, inclined railways and other similar devices, concessions stands and tents from one location to the next between eight o'clock in the forenoon and one o'clock in the afternoon. (50) The keeping open of a store or shop and the sale at retail of goods therein, but not including the retail sale of goods subject to chapter 138, and the performance of labor, business, and work directly connected therewith on Sunday. This exemption shall not apply to any legal holiday as defined in clause eighteenth of section 7 of chapter 4, but this exemption shall apply to the day following Christmas Day when Christmas occurs on a Sunday. In any year in which Christmas Day occurs on a Sunday, this exemption shall not apply to that Sunday. No employee engaged in work subject to the provisions of this clause shall be required to perform such work, and refusal to work for any retail establishment on Sunday shall not be grounds for discrimination, dismissal, discharge, reduction in hours, or any other penalty. The provisions of this paragraph shall be enforced by the office of the attorney general. The provisions of section one hundred and eighty A of chapter one hundred and forty-nine shall apply to any violation of this paragraph. (51) The operation of a home video movie rental business. (52) The retail sale of alcoholic beverages not to be drunk on the premises on Sundays by retail establishments licensed under section 15 of chapter 138; provided, however, that notwithstanding this chapter, a municipality may prohibit the retail sale of alcoholic beverages on Sundays by licensees under section 15 by vote of the city council or board of selectmen; and provided further, that there shall be no such sales prior to the hour of 10:00 a.m. or on Christmas Day if Christmas occurs on a Sunday. No employee shall be required to work on a Sunday and refusal to work on a Sunday shall not be grounds for discrimination, dismissal, discharge, deduction of hours or any other penalty. (53) The operation of commercial auto schools, otherwise known as driver education. (54) The cutting and styling of hair, manicuring, and the furnishing of related cosmetological and beauty services. (541/2) The performance of massage therapy services by a massage therapist licensed pursuant to section 228 of chapter 112. (55) The conduct of banking operations by a bank as defined in section one of chapter one hundred and sixty-seven.

M.G.L. c. 136, § 7 Permit for performance of necessary work or labor on Sunday; fees

c. 136, § 7. Permit for performance of necessary work or labor on Sunday; fees Section 7. The police commissioner of the city of Boston, or any member of the police department having a rank not lower than that of captain and designated by said commissioner, or the chief of police or the board or other officer in charge of the police department of any other city or of any town, or the chairman of the board of selectmen of any town where no police department has been established, upon reasonable terms and conditions may issue a permit for the performance on Sunday of necessary work or labor which could not be performed on any other day without serious suffering, loss, damage or public inconvenience, or which could not be performed on any other day without delay to military defense work. Permits for Sunday work in stores covered by clause (50) of section six, shall not be granted without the approval of the department of labor and workforce development, which shall approve such permits only on a uniform basis throughout the commonwealth. A permit under this section shall cover not more than one day. Application shall be made within sixty days prior to the day on which the permit is to be used, and a permit shall be issued or denied within fifteen days of application. The fee for such a permit will be set by the mayor of a city or the selectmen of a town, but in no event shall any such fee for said permit be greater than ten dollars.

M.G.L. c. 136, § 7A Business, trade, labor or work on Sunday; appeal from denial of work permit

c. 136, § 7A. Business, trade, labor or work on Sunday; appeal from denial of work permit Section 7A. In any city or town which accepts the provisions of this section when an application for a permit has been denied under the provisions of sections seven or fifteen such applicant may appeal such denial to the board of selectmen in a town or to the mayor of a city, as the case may be, and after a hearing such selectmen or mayor may issue such permit as provided in said sections seven or fifteen.

M.G.L. c. 136, § 8 Business, trade, labor or work on Sunday; service or execution of process

c. 136, § 8. Business, trade, labor or work on Sunday; service or execution of process Section 8. Civil process shall not be served or executed on Sunday, and such service if made shall be void, and the person who serves or executes it shall be liable in damages to the person aggrieved in like manner as if he had no such process; provided, that this section shall not apply to service of such process by publication in a newspaper published on Sunday.

M.G.L. c. 136, § 9 Business, trade, labor or work on Sunday; prosecution for violations; limitation period

c. 136, § 9. Business, trade, labor or work on Sunday; prosecution for violations; limitation period Section 9. Prosecution for violations of sections two, three or five shall be commenced within six months after the offense was committed.

M.G.L. c. 136, § 10 Business, trade, labor or work on Sunday; equitable relief; jurisdiction of superior court

c. 136, § 10. Business, trade, labor or work on Sunday; equitable relief; jurisdiction of superior court Section 10. In addition to any criminal penalty herein provided the attorney general, a district attorney, a mayor or city manager and city council, or the board of selectmen of the town may petition the superior court in equity to enjoin any violation of this chapter. The superior court shall have original jurisdiction over such petitions in equity and authority to enjoin such violations.

M.G.L. c. 136, § 11 Business, trade, labor or work on Sunday; tort actions; defenses

c. 136, § 11. Business, trade, labor or work on Sunday; tort actions; defenses Section 11. The provisions of sections one to ten, inclusive, shall not constitute a defense to an action for a tort or injury suffered by a person on Sunday.

M.G.L. c. 136, § 12 Legal holidays; public offices; closing

c. 136, § 12. Legal holidays; public offices; closing Section 12. The public offices shall be closed on all legal holidays except March seventeenth, May twentieth, and June seventeenth; provided, however, in Suffolk county such offices shall be closed on March seventeenth and June seventeenth or the day following when either of said days occurs on Sunday.

M.G.L. c. 136, § 13 Legal holidays; application of Secs. 5 to 11; exceptions

c. 136, § 13. Legal holidays; application of Secs. 5 to 11; exceptions Section 13. The provisions of sections five to eleven, inclusive, shall, except as provided in section fourteen, apply to all legal holidays, except January first, the third Monday in January, the third Monday in February, March seventeenth, the third Monday in April, May twentieth, June seventeenth, June nineteenth, the second Monday in October after the hour of twelve noon, and November eleventh after one o'clock post meridian, or on the day following when any of said days occur on Sunday. Any retail establishment that operates on January first, November eleventh or the second Monday in October, under the exemption granted by this section, shall not require any employee to perform such work and an employee's refusal to work for any retail establishment on such legal holidays shall not be grounds for discrimination, dismissal, discharge, reduction in hours or any other penalty. The provisions of this paragraph shall be enforced by the attorney general. The provisions of section one hundred and eighty A of chapter one hundred and forty-nine shall apply to any violation of this paragraph.

M.G.L. c. 136, § 14 Legal holidays; sporting events; laundry; transport of goods; tourist trade; licensing certain events; fees

c. 136, § 14. Legal holidays; sporting events; laundry; transport of goods; tourist trade; licensing certain events; fees Section 14. Notwithstanding any provision of this chapter to the contrary, dancing or any game, sport, fair, exposition, play, entertainment or public diversion, including events authorized under chapter one hundred and twenty-eight A, may be conducted on any legal holiday and any labor, business or work necessary or incidental thereto may be performed on any legal holiday, and any business licensed under chapter one hundred and thirty-eight may be conducted in accordance with the provisions of said chapter on any legal holiday. The transport of goods in commerce, or for a consideration, by motor truck or trailer, between the hours of eight o'clock in the morning and eight o'clock in the evening, shall not be prohibited on any legal holiday to which the provisions of sections five to eleven, inclusive, apply, provided such goods are destined for or emanate from an establishment in the commonwealth for which a permit has been issued under the provisions of section fifteen, or is otherwise lawfully operating on the holiday. The delivery of linen supplies, laundry and diapers shall not be prohibited on any legal holiday, nor shall the processing of laundry for hospitals, clinics, nursing and rest homes, and physicians' offices be prohibited on any legal holiday. Hunting, if otherwise lawful, shall not be prohibited on any legal holiday. The mayor of a city or the selectmen of a town, upon written application therefor, and upon such terms and conditions as they may prescribe, may grant licenses for the maintenance and operation on the last Monday in May, July fourth and the first Monday of September, or the day following when July fourth occurs on Sunday, of establishments for the sale of souvenirs to the tourist trade, articles of beachwear and other goods incidental thereto, at amusement parks or beach resorts. The fee for such a license shall be set by the mayor of a city or the selectmen of a town, but in no event shall any such fee be greater than twenty dollars per event and four hundred dollars per year.

M.G.L. c. 136, § 15 Legal holidays; permit for performance of necessary work or labor; fees

c. 136, § 15. Legal holidays; permit for performance of necessary work or labor; fees Section 15. The persons or boards designated in section seven may, with respect to any legal holiday to which the provisions of sections five to eleven, inclusive, apply, grant for any such holiday any permit which could be granted under said section seven for the performance on Sunday of necessary work or labor, and, in addition, a permit for the performance of work on such holiday when due to special circumstances relating to manufacturing, serious production inconvenience, will result if such work is not performed on such holiday. In addition, such persons or boards may grant a permit for the performance of work on such holiday by clerical and office personnel in offices which are corporate offices or branches of interstate manufacturing operations working in other states on such holiday or in offices connected with manufacturing plants in the commonwealth whether or not production work is being carried on therein on such holiday, if inconvenience will result if such work is not performed on such holiday. The fee for such permits shall be set by the mayor of the city or the selectmen of the town, but in no event shall any such fee be greater than ten dollars. Section five shall not prohibit work lawfully performed by persons working under permits granted under this section. A permit under this section shall cover not more than one day. Application shall be made within sixty days prior to the day on which the permit is to be used, and the permit shall be issued or denied within fifteen days of application. Permits for work on legal holidays in stores covered by clause (50) of section 6 shall not be granted without the approval of the department of labor, which shall approve such permits only on a uniform basis statewide, but no such permit shall be required for such stores on the legal holidays covered by sections 13 and 16 and for the legal holiday, as defined in clause eighteenth of section 7 of chapter 4 on the day after Christmas Day in any year in which Christmas Day occurs on Sunday.

M.G.L. c. 136, § 16 Retail stores and shops; Sunday and holiday opening

c. 136, § 16. Retail stores and shops; Sunday and holiday opening Section 16. All stores and shops which sell goods at retail may be open at any time on Sundays and on Memorial Day, Juneteenth Independence Day, July Fourth and Labor Day, but no such stores and shops may be open on Christmas Day if Christmas occurs on a Sunday. The performance of labor, business and work directly connected to retail sales on these days shall also be allowed. Stores and shops allowed to open under this section may sell on these days all types of goods and foodstuffs which may lawfully be offered for sale in the commonwealth other than alcoholic beverages. To the extent that this section is inconsistent with section 6 or any other general or special law, this section shall control. Any store or shop that qualifies for exemption under clause (25), (27) or (50) of section 6 and employs more than 7 persons, including the proprietor, shall not require any employee to perform such work, and an employee's refusal to work for any retail establishment on a holiday shall not be grounds for discrimination, dismissal, discharge, reduction in hours or any other penalty. The terms ''Memorial Day,'' ''Juneteenth Independence Day,'' ''July Fourth'' and ''Labor Day'' shall mean the legal holidays on which said days are celebrated in accordance with clause eighteen of section seven of chapter four of the General Laws.

Source: Massachusetts General Court (malegislature.gov)URL: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXX/Chapter136Fetched: 10/20/2026