§ 8A-108. Misleading advertisements prohibited.

(a)

It is unlawful for any person, firm, corporation or association, or any employee thereof with intent directly or indirectly to dispose of real or personal property or to perform services, professional or otherwise, or any thing of any nature whatsoever, or to induce the public to enter into any obligation relating thereto, to make or disseminate or cause to be made or disseminated before the public in this County, in any newspaper or other publication, or any advertising device, or by public outcry or proclamation, or by any other manner or means whatever, any assertion, representation or statement of fact, concerning such real or personal property or services, professional or otherwise, or concerning any circumstances or matter of fact connected with the proposed performance or disposition thereof, which is untrue or misleading and which is known, or which by the exercise of reasonable care should be known, to be untrue or misleading.

(b)

It shall be unlawful by means of exaggerated variations in the comparative size, location or position of letters, figures or other markings or characters on any price tag, sign, posters, notice, display or advertisement or other public representation of any nature whatsoever, to mislead or deceive, or to attempt to mislead or deceive the public, as to the true nature, price, quantity, quality, brand, use, benefit or character of any goods, wares, merchandise, services, facilities, or accommodations, or as to the nature of, or the reason, if any is offered, for the sale or offering for sale, so being made to the public.

(c)

Where the property or services so advertised are available for purchase by the general public, the word "wholesale" or any grouping of words designed to impart a similar meaning as the word "wholesale," shall not be used in the advertisement unless the following words are clearly and prominently displayed: "This offer is available to distributors or dealers only, not to the public."

(d)

It shall be unlawful to advertise, or otherwise represent to the public in any manner whatsoever:

(1)

A representation of brand, quality, quantity, trade name or other character of any property or services that is untrue or misleading.

(2)

A sale or an offer for sale of any property or service which is contingent upon the concurrent purchase of any other property or service, unless clearly spelled out in the advertising.

(3)

A rate advertised on the premises of any motel, hotel, apartment, rooming house, or any other room accommodations of any nature or kind whatever if such accommodations are not in fact available at the advertised rate at the time advertised. It is the specific intent of this subsection that such advertised accommodations not be fully occupied and unavailable for rent or lease at the time advertised.

(e)

This article does not apply to any publisher of a newspaper, magazine or other publications, or the owner or operator of a radio or television station, or any other owner or operator of a media primarily devoted to advertising, who publishes, broadcasts, or otherwise disseminates an advertisement in good faith without knowledge of its false, deceptive or misleading character.

(Ord. No. 68-52, § 24, 9-19-68; Ord. No. 72-9, § 1, 2-15-72; Ord. No. 72-28, § 1.5, 5-30-72; Ord. No. 15-113, § 1, 10-6-15)