Section 408.728. Amusement and recreational establishments exempt from overtime provisions.

(1) An employer's business shall be considered an amusement or recreational  establishment  if it complies with all of the  following provisions:

(a)     It is open for the general public at a fixed site.

(b)     It is open primarily to  provide leisure activities for  those  who attend.

(c)     It does not operate for more than 7 months in a calendar year.

(2)   A grocery store, restaurant, motel, curio, souvenir shop, or any other retail and service establishment is not considered an amusement or recreational establishment unless it is  so  related  to  an  amusement  or recreational establishment that it could not, in a reasonable manner, offer its services to the general public independently, and is not open to the general public beyond the months the amusement or recreational establishment to which it is related is open.

(3)   The exempt status of an amusement or recreational establishment and a grocery store, restaurant, motel, curio, souvenir shop, or other retail and service establishment operated under the same ownership shall be determined separately for each establishment.

(4)   If an amusement or recreational establishment operates at widely separated fixed locations, the exempt status of each fixed location shall be determined separately.

History: 1981 AACS; 1998-2000 AACS.