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City of Gerald, MO
Franklin County
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Table of Contents
Table of Contents
[CC 1987 §55.010]
As used in this Chapter, the following words and terms shall mean:
ADVERTISEMENT
Includes the attempt by publication, dissemination, solicitation or circulation to induce directly or indirectly any person to enter into any obligation or acquire any title or interest in any merchandise.
MERCHANDISE
Includes any objects, wares, goods, commodities, intangibles, real estate or services.
SALE
Any sale, lease, offer for sale or lease, or attempt to sell or lease merchandise for cash or on credit.
A. 
The act, use or employment by any person of any deception, fraud, false pretense, false promise, misrepresentation, unfair practice or the concealment, suppression, or omission of any material fact in connection with the sale or advertisement of any merchandise in trade or commerce or the solicitation of any funds for any charitable purpose, as defined in Section 407.453, RSMo., in or from the City, is declared to be an unlawful practice. The use by any person, in connection with the sale or advertisement of any merchandise in trade or commerce or the solicitation of any funds for any charitable purpose, as defined in Section 407.453, RSMo., in or from the City of the fact that the Attorney General of the State of Missouri has approved any filing required by Chapter 407, RSMo., as the approval, sanction or endorsement of any activity, project or action of such person, is declared to be an unlawful practice. Any act, use or employment declared unlawful by this Subsection violates this Subsection whether committed before, during or after the sale, advertisement or solicitation.
B. 
Nothing contained in this Section shall apply to:
1. 
The owner or publisher of any newspaper, magazine, publication or printed matter wherein such advertisement appears, or the owner or operator of a radio or television station which disseminates such advertisement when the owner, publisher or operator has no knowledge of the intent, design or purpose of the advertiser; or
2. 
Any institution or company that is under the direction and supervision of the Director of the Department of Insurance, or Director of the Division of Finance, unless the Directors of such divisions specifically authorize the Attorney General to implement the powers of Chapter 407, RSMo., or such powers are provided to either the Attorney General or a private citizen by Statute.
[CC 1987 §55.030]
A. 
A person commits the offense of deceptive business practices if in the course of engaging in a business, occupation, or profession, he/she recklessly:
1. 
Uses or possesses for use a false weight or measure, or any other device for falsely determining or recording any quality or quantity.
2. 
Sells, offers or exposes for sale, or delivers less than the represented quantity of any commodity or service.
3. 
Takes or attempts to take more than the represented quantity of any commodity or service when as buyer he/she furnishes the weight or measure.
4. 
Sells, offers or exposes for sale adulterated, or mislabeled commodities.
5. 
Makes a false or misleading written statement for the purpose of obtaining property or credit.
[CC 1987 §55.040]
In the construction of the preceding Section the following words shall have the meanings set out herein:
ADULTERATED
Varying from the standard of composition or quality prescribed by Statute or lawfully promulgated administrative regulations of the United States of America or of this State lawfully filed, or if none, as set by commercial usage.
MISLABELED
Varying from the standard of truth or disclosure in labeling prescribed by Statute or lawfully promulgated administrative regulations of the United States of America or of this State lawfully filed, or if none, as set by commercial usage; or represented as being another person's product, though otherwise accurately labeled as to quality and quantity.
A. 
A person commits the offense of odometer fraud in the second degree if he, with the intent to defraud disconnects, resets, or alters the odometer of any motor vehicle with the intent to change the number of miles indicated thereon.
B. 
The disconnection, resetting, or altering of any odometer while in the possession of the person shall be prima facie evidence of intent to defraud.
[CC 1987 §55.060]
A person commits the offense of false advertising if, in connection with the promotion of the sale of, or to increase the consumption of, property and services, he/she recklessly makes or causes to be made a false or misleading statement in any advertisement addressed to the public or to a substantial number of persons.
[CC 1987 §55.070]
A. 
A person commits the offense of bait advertising if he/she advertises in any manner the sale of property or services with the purpose not to sell or provide the property or services:
1. 
At the price which he/she offered them.
2. 
In a quantity sufficient to meet the reasonably expected public demand, unless the quantity is specifically stated in the advertisement.
3. 
At all.
[CC 1987 §55.080]
The offense described in Sections 620.030 through 620.070 shall be included offenses in the unlawful practices prohibited by Section 620.020. No person shall be convicted of a violation of both Section 620.020 and of one or more of Sections 620.030 through 620.070, as a result of the same act by him/her.