San Diego Municipal Code Div. 10 Sales — Advertising

(a) Retail Merchandise Business

For the purpose of this Division a retail merchandise business is defined to be
a business where the proprietor sells goods, wares and merchandise to the
public in smaller quantities than he buys.

(b) Fake Sale

A fake sale for the purpose of this ordinance is hereby defined to be:

(1) 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;

(2) The sale or offering for sale of goods, wares or merchandise of a
different quality, brand, and/or bearing a different trade– mark as a
substitute for the merchandise which had been previously advertised
for sale for the particular day on which said substitution is proposed or
effected;

(3) The sale or offering for sale of any goods, wares or merchandise
misrepresented as to quantity, quality, brand or otherwise;

(4) The sale or offering for sale of any goods, wares or merchandise,
which is contingent on the concurrent purchase or sale of any other
article or articles of a different nature, quality or brand.
(Incorp. 1–22–1952 by O–5046 N.S.)

Ch. Art. Div.
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San Diego Municipal Code Chapter 3: Business Regulations, Business Taxes, Permits and Licenses (6-2000)

The provisions of this Division excepting Section 33.1003 shall not be applicable to trustees in bankruptcy, executors, administrators, receivers, or public officials acting under judicial process. (Incorp. 1–22–1952 by O–5046 N.S.)

That it shall be unlawful for any person, firm or corporation engaged in the retail merchandise business to conduct, maintain, operate at retail, or advertise any fake sale of goods, wares or merchandise within The City of San Diego. (Incorp. 1–22–1952 by O–5046 N.S.)

No person, engaged in the business of selling goods, wares and merchandise, as principal, agent or otherwise, shall advertise the sale of such goods, wares or merchandise in any newspaper, periodical, magazine or in or upon any advertising medium within the City of San Diego, unless it shall be stated in such advertisement of the sale of such goods, wares or merchandise, that such persons, so advertising the sale of such goods, wares or merchandise, is a dealer in the same, or unless it is stated in such advertisement that such person is engaged in the business of selling such goods, wares, or merchandise, or unless the word “Dealer” is used conspicuously in such advertisement in reference to such person advertising the sale of such goods, wares or merchandise; 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 such goods, wares or merchandise and the character of the business engaged in as to make it apparent therefrom that such person thus advertising the sale of such goods, wares or merchandise, is actually engaged in such sale as a business, shall be deemed a sufficient compliance with this Division. (Incorp. 1–22–1952 by O–5046 N.S.)

It shall be unlawful for any used car dealer to advertise in any newspaper; or through any other medium that he has for sale any automobile, which automobile is not actually for sale at the premises at the time the advertisement is inserted in the newspaper or medium and it shall be unlawful for any person not to discontinue the advertisement of any automobile within three (3) days after the selling of the same. The record and books of all used car dealers shall be open to the authorized representatives of The City of San Diego to determine whether or not any used car dealer has unlawfully advertised for sale cars which are not actually for sale at his premises at the time the advertisement of such vehicle is inserted in the newspaper or medium. (“Used Automobile Advertising Regulated” added 2–23–1987 by O–16812 N.S.)

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San Diego Municipal Code Chapter 3: Business Regulations, Business Taxes, Permits and Licenses (12-2014)

Article 3: Police Regulated Occupations and Businesses