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Any person, firm or corporation, or any employee thereof, who shall in any newspaper, magazine, circular, form letter, or any open publication, published, distributed or circulated in the City and County of San Francisco, or on any billboard, sign, card, label, or other advertising medium, or by means of any electric sign, window sign, show case display, or by any advertising device, or by public outcry or proclamation, to or with a considerable number of persons, make or disseminate, or cause to be made or disseminated, any statement or assertion of fact in relation to, modifying, explaining, or in any matter concerning any merchandise offered for sale, barter or trade, or any services or offer of employment, professional or otherwise, offered to be furnished, which statement or assertion of fact takes the form of or has the appearance of, or which is intended to commend such merchandise or services or employment, to the public or to a considerable number of persons, and which statement or assertion is untrue in any respect or calculated to mislead or misinform, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punishable by a fine of not less than $25, nor more than $500 or by imprisonment for a term not exceeding 180 days, or by both such fine and imprisonment.
(Added by Ord. 1.075, App. 10/11/38)
Every retail store which does not refund cash, give credit, or allow equal exchanges when proof of purchase is presented within seven days of a retail sale of goods, shall conspicuously post such policy on signs:
(a) Posted at each cash register and sales counter, or;
(b) Posted at each public entrance, or;
(c) Attached to each item sold.
Such signs shall state what the store's policy is, including but not limited to: whether cash refund, store credit, or exchanges will be given; applicable time periods; and the types of merchandise which are covered by the policy.
This Section shall not apply to food, plants and flowers, perishable goods, goods marked "as is," final sale clearance goods, goods used or damaged after purchase, goods not returned in their original package, and goods which cannot be resold due to health considerations.
Violation of this Section is an infraction.
Stores which violate the provisions of this Section shall be liable to the buyer for a period up to seven days from the date of purchase for the amount of the purchase.
(Added by Ord. 447-81, App. 8/27/81)
(a) Construction and Application. This Section shall be liberally construed and applied to promote its underlying purpose which is to protect consumers against unfair and deceptive business practices.
(b) Definitions.
(1) "Goods" means tangible chattels sold for use primarily for personal, family or household purposes, including, but not limited to electronics equipment, photographic equipment, computer equipment, telephones, antiques and works of art.
(2) "Person" means an individual, partnership, corporation, limited liability company, association, or other group, however organized.
(3) "Consumer" means an individual who seeks or acquires or purchases any goods for personal, family, or household purposes.
(c) Itemized Receipts Required.
(1) Every retail establishment in the City and County of San Francisco shall provide the consumer with a written or printed itemized receipt or invoice for the sale of goods if the purchase price of any one item exceeds $100.00.
(2) All written or printed receipts or invoices required by this Section shall include the date of sale, the name and address of the seller, and if the item being sold is electronic equipment or photographic equipment, the manufacturer and model of each such item sold. All written or printed receipts or invoices required by this Section shall also separately state each good or item purchased, the total quantity of each good or item purchased, the unit cost of each good or item purchased or the cumulative costs of identical items purchased, the total costs of all goods or items purchased, and any applicable taxes.
(3) The itemized receipt for any item sold or represented to the consumer as an antique or original piece of art must state that the item is an antique or original piece of art.
(4) Any item or good that is not on the itemized receipt is hereby deemed to have no value if other items or goods, purchased at the same time, are returned for exchange or refund.
(d) Consumer Action; Relief; Court Costs and Attorney's Fees.
(1) Any consumer may bring an action against a retail establishment that violates this Section and for each transaction in violation of this Section, may recover or obtain (a) $250 or the total cost of goods purchased, whichever is greater, (b) an order enjoining the violation, (c) punitive damages, if the court determines that the violation was wilful, and (d) any other relief that the court deems proper.
(2) The court shall award court costs and attorney's fees to a prevailing plaintiff in litigation filed under this Section.
(e) Penalties and Enforcement.
(1) Any person or employee or agent thereof violating or failing to comply with this Section shall be guilty of a misdemeanor and upon conviction, may be fined not more than $500 for the first offense and $1,000 for each subsequent offense, or by imprisonment in the County Jail for not more than 6 months, or by both such fine and imprisonment.
(2) In addition to the penalties and fines provided by this Section, the City and County of San Francisco may initiate a civil action against any person to compel compliance or to enjoin violations of this Section. In the event the City and County of San Francisco prevails in any such action, it may recover court costs and reasonable attorney's fees. In addition, the court shall award a civil penalty, not to exceed $1,000 or three times the total cost of the goods sold, whichever is greater for each violation, if the City proves that the violation occurred after the City provided written warnings or notices of such violations and the violations continued.
(f) Limitation of Actions. Any action brought under this Section shall be commenced not more than two years from the date of the sale.
(g) Severability. If any part of this Section, or the application thereof to any person or circumstances is held invalid, the remainder of this Section, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect.
(Added by Ord. 61-00, File No. 992153, App. 4/14/2000)
Every person who, with intent to injure or defraud, shall in the City and County of San Francisco, State of California, have in his possession a machine, appliance, contrivance or device of any character used or intended to be used to prevent a telephone call registering apparatus from correctly registering, or used or intended to be used for the purpose of obtaining a telephone connection with another telephone station without depositing a five-cent piece in the coin-collecting attachment or token in the token-collecting attachment of any telephone instrument so equipped, is guilty of a misdemeanor.
(Added by Ord. 1.075, App. 10/11/38)
In all prosecutions for violation of Section 461 of this Article proof that any of the acts herein made unlawful was done upon the premises used or occupied by defendant charged with any violation of Section 461 of this Article, and that he or any other person on the premises would receive or would have the benefit of such telephone connection or connections without having to pay thereof, shall be prima facie evidence of the guilt of such defendant.
(Added by Ord. 1.075, App. 10/11/38)