It shall be unlawful for any person to act, use or employ any deception, fraud, false pretense, false promise, 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. Acts or omissions which are considered a violation of this Section shall include, but not be limited to, the following:
A. Representing that merchandise is new, if it is deteriorated, altered, reconditioned, reclaimed, used or second-hand.
B. Representing that merchandise or services are of a particular standard, grade or quality, or that merchandise is represented to be of a particular style or model, if it is not.
C. Failing to deliver ordered merchandise, failing to complete a contract for services or failing to complete a contract for services and merchandise, within the time period specified in the order or contract, or, within a period of sixty (60) days from the date of order or contract if no time period for completion and/or delivery is stated in the order or contract, unless the customer is notified in writing of the reason for the delay and such merchandise and/or services are delivered and/or performed, respectively, within thirty (30) days of the date originally set forth in the order or contract as the final due date for delivery and/or completion, or, within a period of ninety (90) days from the date of order or contract if no time period for completion and/or delivery is stated in the order or contract, or a refund is offered within said additional thirty (30) day period.
D. Making 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.
E. Representing that merchandise or services are those of another, when, in fact, they are not.
F. Causing confusion or misunderstanding concerning the source, sponsorship, approval or certification of merchandise or services.
G. Causing confusion or misunderstanding or false or deceptive representation concerning affiliation, connection or association with, or certification by another.
H. Representing 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.
I. Failing to state a material fact, if such failure tends to deceive or mislead.
J. Advertising 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 Section "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.
K. Charging a higher amount of tax than the legal rate set forth by laws and regulations existing at the time of sale. (Ords. 86-11-45, 86-13-55)