In the 1949 amendments to the Act, the term ``retail or service
establishment'', which was not previously defined in the law, was given
a special definition for purposes of the Act. The legislative history of
the 1961 and the 1966 amendments to the Act, which use the same term in
a number of provisions relating to coverage and exemptions, indicates
that no different meaning was intended by the term ``retail or service
establishment'' as used in the new provisions from that already
established by the Act's definition. On the contrary, the existing
definition was reenacted in section 13(a)(2) of the Act as amended in
1961 and 1966 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''. The
application of this definition, which has had much judicial construction
since its original enactment, is considered at length in subpart D of
this part. As is apparent from the quoted language, not every
establishment which engages in retail selling of goods or services will
constitute a ``retail or service establishment'' within the meaning of
the Act.
