San Jose Municipal Code Part 1 Misrepresentation

Footnotes:

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State Law reference— For statutory provisions on false advertising, see Bus. And Prof. Code § 17500 et seq.

The words "value" and "worth" are the prevailing market price at which a thing is regularly sold in the city.

(Prior code § 4271.)

Every person concerned in any act or omission in violation of this chapter, whether he directly performs or omits to perform any act in violation of this chapter, or aids or abets the same, whether present or absent, and every person who directly or indirectly counsels, encourages, hires, commands, induces, or otherwise procures, another to commit such violation is, and shall be, a principal under the terms of this chapter, and shall be proceeded against and prosecuted as such.

(Prior code § 4273.)

No person shall advertise any goods, securities, service, real estate or any other thing offered by such person, directly or indirectly, to the public for sale or distribution by making or employing any representation or statement of fact which is untrue, deceptive or misleading.

(Prior code § 4266.)

No person shall advertise for sale any goods, securities, service or real estate by announcing the present price of same, or any of them, together with a statement of any former price thereof, unless such former price be the lowest at which the same were offered for sale to the public prior to their being offered at the present advertised price.

(Prior code § 4267.)

No person shall, in advertising for sale any goods, securities or real estate, use any word, figure or sign which, as therein used, falsely or fraudulently conveys or is intended to convey the meaning that the thing so advertised has greater value, or is intrinsically worth more than, or previously sold in San José for a higher price than, the price so presently advertised.

(Prior code § 4269.)

No person shall advertise for sale any lot of miscellaneous goods by using the statement "values up to" a certain price, or any other statement of like import, unless such person shall specifically state in such advertisement the name and number of such articles, and the lowest price at which each of said articles was offered for sale to the public prior to said advertisement; but in the event they have never been so offered, the provision as to said lowest price shall not apply.

(Prior code § 4268.)

No person engaged in the business of selling goods, securities, service or real estate shall advertise the sale of the same unless it shall be stated in the advertisement of such sale, clearly and unequivocally, that said person advertising such sale of goods, securities, service or real estate is a dealer in the same; provided, however, that the advertisement of the sale of any goods, securities, service or real estate, in such forms as to make it plainly apparent therefrom that the person so advertising is actually engaged in the business of selling such goods, securities, service or real estate as a business, shall be deemed a sufficient compliance with the terms of this chapter.

(Prior cede § 4272.)

It shall be no defense to a prosecution under the provisions of Section 10.24.050 that the advertisement upon which the prosecution is based represents the opinion of the accused as to value, unless it is clearly stated in such advertisement that the representation as to value therein contained is a matter of opinion and not a statement of fact.

(Prior code § 4270.)

None of the provisions of this Part 1 shall apply to any person engaged in the business of commercial printing, any person engaged in the business of publishing any newspaper or periodical, or any agent of such persons, who publishes any such advertisement in good faith and without knowledge of the falsity thereof.

(Prior code § 4274.)