[HISTORY: Adopted by ordinance 6-14-1993. Amendments noted where applicable.]
As used in this chapter, the following words and terms shall
mean:
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.
Includes any objects, wares, goods, commodities, intangibles,
real estate or services.
Includes any sale, offer for sale, or attempt to sell merchandise
for cash or on credit.
A.Â
The act, use or employment by any person of any deception, fraud,
false pretense, false promise, misrepresentation, or the concealment,
suppression, or omission of any material fact with intent that others
rely upon such concealment, suppression or omission, in connection
with the sale or advertisement of any merchandise, is declared to
be an unlawful practice; provided, however, that:
1.Â
Nothing herein contained shall apply to the owner or publisher of
newspapers, magazines, publications or printed matter wherein an advertisement
appears, or the owner or operator of a radio or television station
which disseminates an advertisement when the owner, publisher or operator
has no knowledge of the intent, design or purpose of the advertiser;
and provided, further, that nothing herein contained shall apply to
any advertisement which is subject to and complies with the rules
and regulations of and the statutes administered by the Federal Trade
Commission. That such an advertisement complies with the regulations
of and the statutes administered by the Federal Trade Commission shall
be a defense which must be proven by one charged with violating this
section.
A.Â
A person commits the offense of deceptive business practices of in
the course of engaging in a business, occupation, or profession, he
recklessly:
1.Â
Uses or possesses for use a false weight or measure, or any other
device for falsely determining or recording any quality or quantity.
2.Â
Sells, offers or exposes for sale, or delivers less than the represented
quantity of any commodity or service.
3.Â
Takes or attempts to take more than the represented quantity of any
commodity or service when as buyer he furnishes the weight or measure.
4.Â
Sells, offers or exposes for sale adulterated, or mislabeled commodities.
5.Â
Makes a false or misleading statement for the purpose of obtaining
property or credit.
In the construction of the preceding section, the following
terms shall have the meanings indicated:
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.
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 person commits the offense of altering a mileage registering
device if, with the purpose of misrepresenting to a prospective or
eventual purchaser the number of miles traveled by a motor vehicle,
he disconnects, changes or causes to be disconnected or change, any
mileage registering device on a motor vehicle so as to thereby indicate
a different mileage than such motor vehicle has actually traveled.
For the purpose of this section "motor vehicle" means any self-propelled
vehicle not operated exclusively upon tracks.
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 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.
A.Â
A person commits the offense of bait advertising if he advertises
in any manner the sale of property or services with the purpose not
to sell or provide the property or services:
