4-276-390 Delivery ticket – Required.

   When solid fuel is sold or delivered in lots of less than 1,000 pounds or any commodity is sold in less than

load lots, the seller shall give a delivery ticket to the purchaser, his agent, or the person to whom the delivery is to be made, before the delivery of such commodity, or to the commissioner upon the commissioner's demand.

(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 3-9-11, p. 113698, § 1)

4-276-400 Reserved.

Editor's note – Coun. J. 3-9-11, p. 113698, § 2, repealed § 4-276-400, which pertained to the contents of delivery tickets.

4-276-410 Weighing memorandum requirements.

   All railway companies and all persons operating elevators or warehouses which maintain in the city delivery team track yards equipped with scales shall, upon the delivery by them of any hay, straw, grain or millfeed to the consignee or to the person having an order from the consignee for the delivery thereof, where such commodity is removed from such yards in wagon- load lots or in amounts less than load lots, weigh the same and deliver to the person in charge of any vehicle furnished by the consignee or by the person having his order, a certificate of weight or delivery ticket, which shall comply with all the requirements of this chapter relating thereto, and which shall show the name or the initials of the railroad company or of the elevator or warehouse issuing such certificate of weight or delivery ticket, and the location of the scale upon which such hay, straw, grain or millfeed is weighed.

   No fee shall be charged for such weighing and for the issuing of said memorandum.

   Any person violating any of the provisions of this section shall be fined not less than $50.00 nor more than $200.00 for each offense.

(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 3-9-11, p. 113698, § 1)

4-276-420 Reserved.

Editor's note – Coun. J. 3-9-11, p. 113698, § 2, repealed § 4-276-420, which pertained to the designation of net weight.

4-276-430 Reserved.

Editor's note – Coun. J. 3-9-11, p. 113698, § 2, repealed § 4-276-430, which pertained to weighmaster weighing own commodities.

4-276-440 Reserved.

Editor's note – Coun. J. 3-9-11, p. 113698, § 2, repealed § 4-276-440, which pertained to obstruction after reweighing.

4-276-450 False certificates and delivery tickets.

   No person shall sell and deliver, or attempt to deliver, any load lot of any commodity sold in load lot by weight and delivered by vehicle within the city, of a quantity less than that called for by the certificate of weight or delivery ticket. No driver or person in charge of such delivery shall fail, neglect or refuse to deliver to the commissioner upon demand the aforesaid certificate or delivery ticket before any part of such load is removed from the vehicle, nor refuse to comply with the commissioner's request to reweigh the same in order that the weights stated in such certificate or delivery ticket may be verified.

   Any person violating any of the provisions of this section shall be fined not less than $25.00 nor more than $200.00 for each such offense.

   No person selling, delivering or attempting to deliver any commodity in load lots or in amounts less than load lots within the city, shall provide the person in charge of the conveyance, or the person actually delivering or attempting to make said delivery, with a false or fraudulent certificate of weight or delivery ticket, nor provide a certificate of weight or delivery ticket which is not the result of the actual weighing of the commodity so sold, delivered or attempted to be delivered. Any person in charge of the conveyance or delivering of any commodity who shall have in his possession or who shall deliver any false or fraudulent certificate of weight or delivery ticket or any said ticket or certificate which is not the result of an actual weighing, shall be fined not less than $50.00 nor more than $200.00 for each offense.

(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 3-9-11, p. 113698, § 1)

4-276-460 Illegal or false weights and measures.

   No person weighing or measuring any commodity for sale by dry, liquid, lineal or superficial measurement, or by any unit of enumeration used in determining or measuring quantity, or by weight, shall falsify the measure or weight of such commodity by representing the measure or weight of the same to be either more or less than the true measure of weight thereof.

   It shall be unlawful for any person performing services upon any commodity who shall determine the charge for such services according to the measure or weight of the commodity upon which the services are performed, to falsify the measure or weight of the same by representing the measure or weight to be more than the true measure or weight thereof.

   No person shall deliver to the purchaser or prospective purchaser any commodity in quantities or enumeration of less weight or measure than that offered for sale.

   Any person violating any of the provisions of this section shall be fined not less than $25.00 nor more than $500.00 for each offense.

(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 3-9-11, p. 113698, § 1)

4-276-470 Deceptive practices – Prohibited.

   It shall be a violation of this section for any person:

   (1)   to act, use or employ any deception, fraud, false pretense, false promise or misrepresentation, or to conceal, suppress or omit any material fact with intent that others rely upon such concealment, suppression or omission, in connection with the sale, for cash or on credit, or advertisement of any merchandise, whether or not any person has in fact been misled; provided, however, that nothing herein contained shall apply to the owner or publisher of newspapers, magazines, publications or printed matter wherein such advertisement appears, or to 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; 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;

   (2)   to represent that merchandise is new, if it is deteriorated, altered, reconditioned, reclaimed, used or secondhand;

   (3)   to represent that merchandise or services are of a particular standard, grade or quality, or to represent that merchandise is of a particular style or model, if it is not;

   (4)   to fail to deliver ordered merchandise within a period of 60 days from the date of order or contract, unless otherwise provided therein, unless the customer is notified in writing of the reason for the delay and such merchandise is delivered in less than a total of 90 days, or a refund is offered within 90 days of the date of the order or contract;

   (5)   to make false or misleading statements of fact concerning the reasons for, existence of, or amounts of price reductions, or engaging in any other pricing conduct causing confusion or misunderstanding;

   (6)   to represent that merchandise or services are those of another, when in fact they are not;

   (7)   to cause confusion or misunderstanding concerning the source, sponsorship, approval or certification of merchandise or services;

   (8)   to cause confusion or misunderstanding or false or deceptive representation concerning affiliation, connection or association with, or certification by, another;

   (9)   to represent that merchandise or services have sponsorship approval concerning the source of or certification of merchandise or services when in fact they do not have such approval or sponsorship;

   (10)   to fail to state a material fact, if such failure tends to deceive or mislead;

   (11)   to advertise for sale at a stated price any items when sufficient quantities of said advertised items are not readily available to be sold to purchasers at the advertised price during the effective period of the advertisement for sale. For the purposes of this subsection, "readily available" shall mean available to the customer in an area of the store normally used to display this type of merchandise, except in a case where the space available for the items is limited, a sample of the items may be placed in a prominent location, accompanied by a prominent, written notice clearly stating that the items are in stock and may be obtained upon request and "sufficient quantities" shall mean available in quantities sufficient to meet reasonably expected customer demand through medium response;

   (12)   to charge a higher amount of tax than the legal rate set forth by laws and regulations existing at the time of sale;

   (13)   to sell or offer for sale outdated:

      (a)   perishable food and over-the-counter medications; or

      (b)   shelf-stable products, unless such shelf-stable products are both physically separated from merchandise that is not outdated and clearly designated as outdated;

   (14)   to sell or offer for sale, or keeping with intention of selling, infant formula that is outdated. Outdated formula shall be considered unsafe and unwholesome for human food; or

   (15)   to sell merchandise that has been recalled for any reason by the United States Food and Drug Administration, the United States Consumer Product Safety Commission, or any other governmental or regulatory body.

(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 3-9-11, p. 113698, § 1; Amend Coun. J. 11-14-18, p. 90308, Art. V, § 5)