City of Keene v. Gerry's Cash Market, Inc.

The issues raised by these bills in equity concern the validity of an ordinance of the city of Keene relating to Sunday sales. RSA 578:4, 5. RSA 578:5 authorizes cities and towns to adopt bylaws and ordinances “permitting and regulating retail business” on Sundays “provided such bylaws and ordinances are approved by a majority vote of the legal voters present and voting at the next regular election.” The Keene ordinance limited the hours of Sunday business of retail food stores having more than 5,000 square feet of interior customer selling space, or more than 5 employees, to the hours…