Topic:
LIQUOR;
Location:
LIQUOR;

OLR Research Report


February 6, 2004

 

2004-R-0178

SUNDAY LIQUOR SALES FOR OFF-PREMISES CONSUMPTION

By: Daniel Duffy, Principal Analyst

You asked which states allow Sunday liquor sales for off-premises consumption.

APPROACHES TO SUNDAY SALES REGULATION

We identified 28 states that allow liquor sales on Sunday for off-premises consumption. Seven states do not distinguish between Sunday and any other day of the week when setting permissible hours of sale. Six states set special, reduced hours for Sunday sales. Four require businesses to obtain a special Sunday sales permit and may reduce permissible hours of sale. New York allows sales on any six days of a week. Six states have special statutory provisions granting localities the authority to allow or prohibit Sunday sales. Four states give localities the power to set all permissible days and hours of sale.

Table 1: Approaches to Sunday Sales

Approach

State

Same hours seven days per week

AK, CA, ME, OR, VT, WI, WY

Special Sunday hours

AZ, DE, MA, NH, PA1, RI2

Special Sunday permit required

IA, MI, MO, NM,

Any six days per week

NY

Special provisions concerning local control over Sunday hours

FL, IL, LA, NE, NJ, SD,

Localities control days and hours of sale

HI, KS, MD, NV,

1 Pennsylvania will allow all stores to be open in two years.

2 Rhode Island allows Sunday sales only on the last three Sundays of the year.

STATE-BY-STATE DESCRIPTION OF SUNDAY SALES PROVISIONS

Table 2: Sunday Sales Provisions by State

State

Sunday Sales Provision for Off-Premises Consumption

Citation

Alaska

Retailers may sell after 5:00 a.m. on any day of the week

Alaska Stat 04.16.010

Arizona

Retailers may sell after 6:00 a.m. on Sunday

Ariz. Rev Stat. 4-244

California

Retailers may sell after 6:00 a.m. on any day of the week

Cal. Bus. & Prof. Code 25631

Delaware

Retailers may sell after noon on Sunday

142nd Gen. Ass. Del. Laws SB 41

Florida

Localities may adopt ordinances allowing Sunday sales

Fla. Stat. 562.14

Hawaii

Hours of sale determined by county commissions. County of Honolulu allows sales after 6:00 a.m. every day

Haw. Rev. Stat. 281-17; Honolulu Liq. Comm. Rule 31-19

Illinois

Localities may allow Sunday sales

235 ILCS 5/6-14

Iowa

Special permit authorizes Sunday sales after 8:00 a.m.

Iowa Code 123.36 & 123.49

-Continued-

State

Sunday Sales Provision for Off-Premises Consumption

Citation

Kansas

Statute prohibiting Sunday sales overturned because it treated cities of different size differently. Localities using home rule powers to allow Sunday sales

Kansas Stat. Ann. 41-712 (1) (overturned)

Louisiana

Allowed unless local ordinance restricts or prohibits Sunday sales

La. Rev. Stat. 51:191

Maine

Retailers may sell after 9:00 a.m. on any day of the week

Me. Rev. Stat. T. 28-A 353

Maryland

Retailers may sell on Sunday in some counties

MD. Code Alco. Bev. Art. 2B 11-403

Massachusetts

Retailers may sell after 12:00 noon on Sunday

Mass. Gen. Laws 136 6(52), amd. 2003 Acts, Ch. 141 31

Michigan

Special permit allows sales after 12:00 noon on Sunday

Mich. Comp. Laws 436.1503

Missouri

Special license allows sales after 9:00 a.m.

Mo. Rev. Stat. 311.293

Nebraska

Localities authorized to allow beer and wine sales on Sunday. Sales allowed after 12:00 noon

Neb. Rev. stat. 53-179

Nevada

State law does not prohibit Sunday sales, but county boards of commissioners issue licenses and set conditions

Nev. Rev. Stat. Ch. 369

New Hampshire

State liquor stores may be open on Sunday if certain conditions are met

N.H. Rev. Stat. 177:5

New Jersey

Localities authorized to prohibit Sunday sales by ordinance or resolution

N.J. Rev. Stat. 33:1-40

New Mexico

Special permit authorizes Sunday sales after 12:00 noon

N.M. Stat. 60-7A-1(H)

New York

Six day option licenses authorize sales on any six days of a week

2003 N.Y. Laws Ch. 62

Oregon

Prohibition against opening state-operated stores eliminated

2002 Or. Laws, Ch. 11

Pennsylvania

Certain state-run stores may sell between noon and 5:00 p.m.

2002 Pa. Laws, No. 212

-Continued-

State

Sunday Sales Provision for Off-Premises Consumption

Citation

Rhode Island

Retailers may sell after 10:00 a.m. on the last three Sundays of the year

R.I. Gen. Laws 3-8-1

South Dakota

Localities authorized to permit Sunday sales by ordinance

S.D. Codified Laws 35-4-8.1.1

Vermont

Retailers may sell after 6:00 a.m. on any day of the week

Vt. Stat. Ann. 7-62

Wisconsin

Allowed after 8:00 a.m. on any day of the week

Wis. Stat. 125.32

Wyoming

Retailers may sell after 6:00 a.m. on any day of the week

Wy. Stat. 12-5-101

DD:ts