VI. Consumer Protection
Chapter 9.56
FAKE SALES
Sections:
9.56.030 Sale of original stock.
9.56.010 Definitions.
A fake sale, within the meaning of this chapter is defined to be:
A. “Auction sale to agent, etc.” means the sale of goods, wares or merchandise at auction or otherwise to agents or other persons purchasing the same for or on behalf of the owner or other person interested in the sale thereof.
B. “Sale in limited quantity” means the sale of goods, wares or merchandise, or the offering for sale of goods, wares or merchandise, in limited quantity or quantities of less than the full amount of such merchandise owned or carried in stock by the person, firm or corporation offering the same for sale.
C. “Goods inferior to those advertised” means the offering for sale of goods, wares or merchandise of a different quality, brand, or bearing a different trademark, as a substitute for merchandise previously advertised for sale.
D. “Misrepresenting of goods” means the sale of any goods, wares or merchandise misrepresented as to quantity or quality or otherwise.
E. “Goods brought into city” means the sale or offering for sale of any goods, wares or merchandise transported or brought into this city, or not constituting the original legitimate stock of goods, wares and merchandise of a place of business within this city, as the original and legitimate stock of goods, wares and merchandise of such place of business, at a bankrupt, insurance mortgage, insolvency, assignee’s, receiver’s, trustee’s, creditor’s, executor’s, or administrator’s forced removal or closing out sale, or the sale of goods damaged by fire, smoke or water or otherwise, in this city. (Prior code §§ 2352, 2352.1, 2352.2, 2352.3, 2352.4, 2352.5)
9.56.020 Prohibited sale.
It is unlawful for any person, firm or corporation to conduct, make or advertise any fake sale of goods, wares or merchandise within this city. (Prior code § 2351)
9.56.030 Sale of original stock.
Nothing in this chapter shall be deemed to prevent, nor shall it be considered unlawful, to sell the original stock of goods, wares and merchandise of such place of business at a bankrupt, insurance, mortgage, insolvency, assignee’s, receiver’s, trustee’s, creditor’s, executor’s, or administrator’s forced removal or closing out sale; but the bringing of new stock into this city or the adding of new stock to such original stock of goods, wares and merchandise and selling or offering to sell such new stock or added stock as the original stock of such goods, wares and merchandise at said place of business at any of the sales above described is declared to be unlawful and to be a fake sale within the meaning of this chapter. (Prior code § 2352.51)
9.56.040 Filing of inventory.
Before any sale mentioned in Sections 9.56.010(E) and 9.56.030 shall be made, an inventory of all such original stock of goods, wares and merchandise shall be made and filed in the office of the city clerk not less than forty-eight hours before the opening of such sale. (Prior code § 2352.6)