San Bernardino Municipal Code Ch. 9.64 Fake Sales

For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.

FAKE SALE.

(1) The sale of goods, wares or merchandise at auction or otherwise to agents or other persons purchasing the same for or on behalf of the owner or other person interested in the sale thereof;

(2) The sale of goods, wares or merchandise or the offering of goods, wares or merchandise for sale in limited quantity or quantities of less than the full amount of such merchandise owned or carried in stock by the person, firm or corporation offering the same for sale;

(3) The offering for sale of goods, wares or merchandise of a different quality, brand or bearing a different trademark as a substitute for merchandise previously advertised for sale;

(4) The sale of any goods, wares or merchandise misrepresented as to quantity or quality or otherwise; and

(5) The sale or offering for sale of any goods, wares and merchandise transported or brought into the city, or not constituting the original legitimate stock of goods, wares and merchandise of a place of business within the city, as the original and legitimate stock of goods, wares and merchandise of such place of business, at a bankrupt, insurance, mortgage, insolvency, assignee’s, receiver’s, trustee’s, creditor’s, executor’s or administrator’s forced removal or closing-out sale, or the sale of goods damaged by fire, smoke or water or otherwise, in the city. Nothing in this section shall be deemed to prevent, nor shall it be considered unlawful, to sell the original stock of goods, wares and merchandise of such place of business at a bankrupt, insurance, mortgage, insolvency, assignee’s, receiver’s, trustee’s, creditor’s, executor’s or administrator’s forced removal or closing-out sale, but the bringing of new stock into the city or the adding of new stock to such original stock of goods, wares and merchandise and selling or offering to sell such new stock or added stock as the original stock of such goods, wares and merchandise at the place of business at any of the sales described above, is unlawful and a fake sale within the meaning of this chapter.

(Ord. 1492, passed 6-21-1932)

It is unlawful for any person, firm or corporation to conduct, make or advertise any fake sale of goods, wares or merchandise within the city.

(Ord. 1492, passed 6-21-1932)

Any person, firm or corporation violating any provision of this chapter, or doing any act declared to be unlawful in this chapter, is guilty of an infraction, which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010.

(Ord. 1492, passed 6-21-1932; Ord. MC-460, passed 5-15-1985)