Regulating Advertisement of Sale of Second-Hand or Defective Merchandise. | |
Signs – Gasoline Sales-Prices. | |
Signs – Dry Cleaning and Laundry Services – Prices. | |
Tobacco Advertising and Promotion Prohibited. | |
Advertising Vehicles Prohibited on City Streets. | |
Advertising on Street Car Windows Prohibited – Exceptions. | |
Penalty. | |
Display of Bulletin Board of Intelligence Office Near Street Prohibited. | |
Posting Signs on Private Property Prohibited; Penalty for Violation. | |
Findings. | |
Definitions. | |
Penalty. | |
Severability. | |
It shall be unlawful for any person, firm or corporation, 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, card, label or other advertising medium, or by means of any other advertising device, to advertise, call attention to, or give publicity to the sale of any merchandise, which merchandise is second-hand or used merchandise, or which merchandise is defective in any manner, or which merchandise consists of articles or units or parts known as "seconds," or blemished merchandise, or which merchandise has been rejected by the manufacturer thereof as not first class, unless there be conspicuously displayed directly in connection with the name and description of such merchandise and each specified article, unit or part thereof, a direct and unequivocable statement, phrase, or word which will clearly indicate that such merchandise or each article, unit or part thereof so advertised is second-hand, used, defective, or consists of "seconds" or is blemished merchandise, or has been rejected by the manufacturer thereof, as the fact shall be.
(Added by Ord. 1.075, App. 10/11/38)
(a) Every person, firm, partnership, association, trustee, or corporation which owns, operates, manages, leases or rents a gasoline service station offering for sale, selling or otherwise dispensing gasoline or other motor vehicle fuel to the public from such a gasoline service station abutting or adjacent to a street or highway shall post or cause to be posted or displayed and maintain at said premises at least one sign, banner or other advertising medium which is clearly visible from all traffic lanes in each direction on such street or highway.
Each said sign, banner or other advertising medium shall be readable from said traffic lanes and shall indicate thereon the actual price per gallon, including all taxes, at which each grade of gasoline or other motor vehicle fuel is currently being offered for sale, sold or otherwise dispensed, if at all, at said gasoline service station on said date.
(b) Every person, firm, partnership, association, trustee or corporation which owns, operates, manages, leases or rents a facility other than a gasoline service station which, as an incidental part of its operation, offers for sale, sells or otherwise dispenses gasoline or other motor vehicle fuel to the public from such a facility shall post or cause to be posted or displayed and maintain at said premises at least one sign, banner or other advertising medium which is clearly visible to any motorist upon entry to said facility.
Each said sign, banner or other advertising medium shall be readable upon said entry and shall indicate thereon the actual price per gallon, including all taxes, at which each grade of gasoline or other motor vehicle fuel is currently being offered for sale, sold or otherwise dispensed, if at all, at said facility on said date.
(c) No person, firm, partnership, association, trustee or corporation which owns, operates, manages, leases or rents a gasoline service station or other facility offered for sale, selling or otherwise dispensing gasoline or other motor vehicle fuel to the public shall advertise, either in connection with any signs, banners or other advertising medium utilized to satisfy the requirements of this Section or otherwise, the price of any grade of gasoline or other motor vehicle fuel which is not immediately available to be sold or dispensed to the public at said premises.
(d) Each sign, banner or other advertising medium posted, displayed or maintained pursuant to requirements of this Section shall not be inconsistent with the provisions of Article 8 of Chapter 7 of Division 8 (Section 20880 et seq.) of the State of California Business and Professions Code.
(e) Penalty. Violation of this ordinance or any of its provisions constitutes a misdemeanor. Any person, whether an individual, corporation or other business entity and whether as principal, agent, employee or otherwise, convicted of a violation of this ordinance or of any of its provisions shall be punished by a fine of not to exceed $500 or by imprisonment in the County Jail for not more than six months or by both such fine and imprisonment. This Chapter shall be enforced by the Department of Agriculture and Weights and Measures as defined in Section 20707 of the Business and Professions Code of the State of California, which shall have authority to make arrests and to issue written notices to appear as provided in Section 836.5 of the Penal Code of the State of California.
(Amended by Ord. 541-74, App. 12/19/74)
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