Massachusetts General Laws

Mass. Gen. Laws ch. 136, § 5 (2026)

Business, trade, labor or work on Sunday; conducting business on Sunday; penalty

✓ current as of July 2026

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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.

Notes of Decisions

Cited in 17 cases (1 in the last 5 years), 1923–2023 · leading case: Zayre Corp. v. Attorney Gen., 362 N.E.2d 878 (Mass. 1977).

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Zayre Corp. v. Attorney Gen., 362 N.E.2d 878 (Mass. 1977). · cites it 18× “In apparent reliance on this seeming avalanche of judicial precedent the plaintiff, which heretofore apparently had observed the general prohibition of G.L.c. 136, § 5, the Massachusetts "Blue Laws," opened for business on Sunday, November 28, 1976, the first weekend of the so…”

Commonwealth v. Franklin Fruit Co., 446 N.E.2d 63 (Mass. 1983). · cites it 5× “The Commonwealth appeals from the dismissal of twelve complaints brought against the defendant for violations of G. L. c. 136, § 5, commonly known as the “Sun *229 day closing laws.”

Commonwealth v. King, 372 N.E.2d 196 (Mass. 1977). · cites it 2× “G.L.c. 136, § 5. [10] *17 In light of our conclusions, we need not consider the further argument that might be offered by the Commonwealth that a correlative crime, "lewd, wanton and lascivious .”

Local 1445, United Food & Com. Workers Union v. Police Chief, 563 N.E.2d 693 (Mass. App. Ct. 1990). · cites it 2× “Conducting business on Sundays is still generally prohibited by G. L. c. 136, § 5. There follows in G. L.”

Commonwealth v. McCarthy, 138 N.E. 835 (Mass. 1923). · cites it 4× “In the first case the defendant was convicted of violating G. L. c. 136, § 5, which provides that “Whoever on the Lord’s day keeps open his shop, .”

Town of Foxborough v. Bay State Harness Horse Racing & Breeding Ass'n, 366 N.E.2d 773 (Mass. App. Ct. 1977). · cites it 4× “136, § 4, 1 or is prohibited under G. L. c. 136, § 5. 2 1. Zoning. The statement of agreed facts describes the operation of the flea market as “consist [ing] of various booths at which merchandise would be offered for sale to the general public at retail.”

Chebacco Liquor Mart, Inc. v. Alcoholic Beverages Control Comm'n, 711 N.E.2d 135 (Mass. 1999). “G. L. c. 136, § 5. Since 1990, an exception to that prohibition has allowed the retail sale of alcoholic beverages not to be consumed on the premises if the premises are located in a municipality which is within ten miles of either the New Hampshire or *722 Vermont border and…”

Drive-O-Rama, Inc. v. Attorney Gen., 829 N.E.2d 1153 (Mass. App. Ct. 2005). “296, states in pertinent part that G. L. c. 136, § 5, penalizing conducting business on Sunday, shall not prohibit the following: “[t]he sale, at retail, of gifts, souvenirs, antiques, secondhand furniture, handcrafted goods and art goods, in an establishment primarily engaged…”

Commonwealth v. Great Atl. & Pac. Tea Co., 536 N.E.2d 318 (Mass. 1989). “(A & P), was found guilty on three complaints charging it with unlawfully keeping open its Dennisport and Province- *477 town stores in violation of G. L. c. 136, § 5 (1986 ed.), the Sunday closing law.”

Ralph's Mkt., Inc. v. City of Beverly, 233 N.E.2d 755 (Mass. 1968). “The defendant officers have threatened the plaintiff with a criminal complaint pursuant to G. L. c. 136, § 5, should it open its store on a Sunday.”

Foxborough v. Bay State Harness Horse Racing, 366 N.E.2d 773 (Mass. App. Ct. 1977). · cites it 4× “The statement of agreed facts describes the operation of the flea market as "consist[ing] of various booths at which merchandise would be offered for sale to the general public at retail. The proprietors of each of the booths were to pay to Coffman a charge for permission to…”

Chapoteau v. Bella Sante, Inc. (Mass. App. Ct. 2023). · cites it 4× “See G. L. c. 136, § 5. Any business that is open on Sunday is subject to criminal prosecution10 and a fine,11 unless the activity falls within at least one of more than fifty exemptions, see G.”

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