SEC. 28.09. ADVERTISING – GOODS AS DEALERS – EXCEPTION.

No person engaged in the business of selling goods, wares or merchandise shall advertise the sale of said goods, wares or merchandise, or any part thereof, in any newspaper, periodical, magazine or in or upon any advertising medium unless it shall be stated in the advertisement of the sale of said goods, wares or merchandise, clearly and unequivocally that said person, advertising the sale of said goods, wares or merchandise, is a dealer of the same, or unless it is stated in said advertisement that said person, is engaged in the business of selling said goods, wares or merchandise or unless the word “dealer” is used conspicuously in said advertisement; provided, however, that the advertisement of the sale of any goods, wares or merchandise in any advertising medium, in such form or with such display as to prices, quality and description of said goods, wares or merchandise and the character of the business engaged in as to make it plainly apparent that such person thus advertising the sale of said goods, wares or merchandise, is actually engaged in such sale as a business, shall be deemed a sufficient compliance with the terms of this section.