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State v. Monteleone

Decided: November 6, 1961.

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
JOSEPH MONTELEONE, DOROTHY MILLER AND MARGARET VAN SCIVER, DEFENDANTS-APPELLANTS



For affirmance -- Chief Justice Weintraub, and Justices Jacobs, Francis, Proctor, Hall and Haneman. For reversal -- Justice Schettino. The opinion of the court was delivered by Haneman, J. Francis, J. (concurring). Schettino, J. (dissenting). Francis, J., concurring in result.

Haneman

The provisions of N.J.S. 2A:171-5.8, the so-called Sunday Closing Law, became operative in Gloucester County as a result of a referendum held pursuant to N.J.S. 2A:171-5.12 et seq. Defendants, employees of various concessionaires of "Bargain City U.S.A.," a general retail outlet, were convicted and fined in the Municipal Court of the Township of Deptford, Gloucester County, for violation of the statute first cited. Upon appeal to the Gloucester County Court, said convictions were affirmed. Defendants appealed to the Appellate Division. This court certified the appeal on its own motion, before the Appellate Division acted thereon.

It is admitted by defendant Joseph Monteleone that on Sunday, March 20, 1960 he sold two pairs of stockings; by defendant Margaret Van Sciver that on Sunday, May 22, 1960 she sold one pair of men's shoes; and by defendant Dorothy Miller that on May 22, 1960 she sold one pair of

men's slacks and one pull-over sweater. Each of said sales occurred in the shopping center of Bargain City U.S.A., which is located in the Township of Deptford, Gloucester County.

The Sunday Closing Law, so far as presently pertinent, reads:

"2 A:171-5.8

On the first day of the week, commonly known and designated as Sunday, it shall be unlawful for any person whether it be at retail, wholesale or by auction, to sell, attempt to sell or offer to sell or to engage in the business of selling, as hereinafter defined, clothing or wearing apparel, building and lumber supply materials, furniture, home or business or office furnishings, household, business or office appliances, except as works of necessity and charity or as isolated transactions not in the usual course of the business of the participants.

Any person who violates any provision of this act is a disorderly person and upon conviction for the first offense, shall pay a fine of $25.00; and for the second offense, shall pay a fine of not less than $25.00 or more than $100.00 to be fixed by the court; and for the third offense, shall pay a fine of not less than $100.00 or more than $200.00 to be fixed by the court or, in the discretion of the court, may be imprisoned for a period of not more than 30 days, or both; and for the fourth or each subsequent offense, shall pay a fine of not less than $200.00 or more than $500.00 to be fixed by the court or, in the discretion of the court, may be imprisoned for a period of not less than 30 days or more than 6 months, or both. A single sale of an article or articles of merchandise of the character hereinabove set forth to any 1 customer, or a single offer to sell an article or articles of such merchandise to any 1 prospective customer, shall be deemed to be and constitute a separate and distinct violation of this act.

2 A:171-5.9 Additional penalties; nuisance.

In addition to the penalties hereinabove provided in case of conviction under section 1 of this act, upon any 4 convictions for violations of this act, the premises in or upon which the violation occurred shall be deemed a nuisance.

2 A:171-5.10.

The following definitions are not to be deemed as all inclusive and shall apply for the words or terms used in this act unless other meaning is clearly apparent from the language or context:

'Clothing and wearing apparel' includes any article or articles to be worn on the person by man, woman, or ...


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