§ 5.06.050. Secondhand and defective merchandise.  


Latest version.
  • It is unlawful for any person in any newspaper, magazine, circular, form letter or any open publication published, distributed or circulated in the city, or on any billboard, card, label or other advertising medium, or by means of any other advertising medium or device, to advertise, call attention to, or give publicity to, the sale of any merchandise, which merchandise is secondhand or used merchandise, or which merchandise is defective in any manner, or which merchandise consists of articles or units or parts known as "seconds," or blemished merchandise, or which merchandise has been rejected by the manufacturer thereof as not first class, unless there are conspicuously displayed directly in connection with the name and description of such merchandise and each specified article, unit or part thereof, a direct and unequivocal statement, phrase or word which will clearly indicate that such merchandise, or each article, unit or part thereof, so advertised is secondhand, used, defective, or consists of "seconds" or is blemished merchandise, or has been rejected by the manufacturer thereof, as the fact shall be.

(Prior code § 5-3.05)