The 1949 amendments to the Act defined the term ``retail or service
establishment'' in section 13(a)(2). That definition was retained in
section 13(a)(2) as amended in 1961 and 1966 and is as follows:
A ``retail or service establishment'' shall mean an establishment 75 per
centum of whose annual dollar volume of sales of goods or services (or
of both) is not for resale and is recognized as retail sales or services
in the particular industry.
It is clear from the legislative history of the 1961 amendments to the
Act that no different meaning was intended by the term ``retail or
service establishment'' from that already established by the Act's
definition, wherever used in the new provisions, whether relating to
coverage or to exemption. (See S. Rept. 145, 87th Cong., first session
p. 27; H.R. 75, 87th Cong., first session p. 9.) The legislative history
of the 1949 amendments and existing judicial pronouncements regarding
section 13(a)(2) of the Act, therefore, will offer guidance to the
application of this definition.
