This entire chapter shall be deemed an exercise of the police power of the State of Washington and of the City of Tacoma, for the protection of the public, economic and social welfare, health, peace and morals, and all its provisions shall be liberally construed for the accomplishment of that purpose.
(Ord. 11040 § 1, 1934-04-04)
"Person"
as used in this chapter shall be held to mean and include natural persons of either sex, firms, co-partnerships and corporations, whether acting by themselves or by servant, agent or employee. The singular number shall include the plural and the masculine pronoun shall include the feminine. The term "advertise," as used in this chapter, shall be held and construed to include the making, displaying, publishing, disseminating or circulating of any public announcement of an offer to sell anything whatever, or an offer or inducement to inquire or investigate concerning anything whatever, in any newspaper, periodical, magazine, pamphlet, bulletin, circular, letter, or upon any placard, poster, sign, picture, or hand bill, or in or upon any other advertising medium whatsoever, whether like or unlike those hereinbefore enumerated.
(Ord. 11040 § 2, 1934-04-04)
It shall be unlawful to advertise any goods, wares or merchandise, securities, service, real estate or any other thing, offered, directly or indirectly, to the public for sale or distribution by making or employing any assertion, representation or statement of fact which is untrue, deceptive or misleading.
(Ord. 11040 § 3, 1934-04-04)
It shall be unlawful to advertise any goods, wares, or merchandise or units or parts thereof, which are second hand, or used, or which consist of articles classed as "seconds," or which have been rejected by the manufacturer thereof as not first class, unless there be conspicuously displayed directly in connection with the name and description of such merchandise or commodity, or units or parts thereof, a direct and unequivocal statement, phrase, or word which will clearly indicate that such merchandise or commodity, or units or parts thereof so advertised, are second hand, used, defective, blemished, or consist of "seconds" or have been so rejected by the manufacturer thereof, as the facts may be.
(Ord. 11040 § 4, 1934-04-04)
It shall be unlawful to advertise any goods, wares or merchandise, securities, service or real estate by announcing the present price of the same, or any of them, together with the statement of any former price thereof, unless such former price be the lowest at which the same was offered for sale to the public prior to their being offered at the present advertised price; provided, however, that where, by a common usage of the trade, the size of an article is known by the price designation, then such size may be advertised by such price designation; and provided, further, that an advertiser may use the highest price at which an article was offered for sale, if said advertiser uses the phrase "originally priced at," together with a statement of the approximate date at which such merchandise was so priced.
(Ord. 11040 § 5, 1934-04-04; Ord. 11134, 1935-01-09)
It shall be unlawful in advertising any goods, wares or merchandise, or securities or real estate, to use in connection with the word "value," or any synonymous term, any word or figures, as thus used, falsely or fraudulently conveying, or intended to convey, a meaning that the thing so advertised is intrinsically worth more than, or was previously sold in Tacoma for, a higher price than the price so presently advertised, or that a thing of similar quality or grade was previously sold in Tacoma for a higher price than the price so presently advertised.
(Ord. 11040 § 6, 1934-04-04)
It shall be no defense to a prosecution under Section 8.04.060 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.
The words "value" and "worth," as used in this and the foregoing Section 8.04.060, shall be held and construed to mean the prevailing market price at which a thing is regularly sold in Tacoma.
(Ord. 11040 § 7, 1934-04-04)
It shall be unlawful to advertise any lot of miscellaneous goods, wares or merchandise 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.
(Ord. 11040 § 8, 1934-04-04)
It shall be unlawful for any person engaged in the business of selling goods, wares or merchandise, securities, service or real estate to 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, wares or merchandise, securities, service or real estate is a dealer in the same; provided, however, that the advertisement of the sale of any goods, wares or merchandise, securities, service or real estate, in such form as to make it plainly apparent therefrom that the person so advertising is actually engaged in the business of selling such goods, wares or merchandise, securities, service or real estate as a business shall be deemed a sufficient compliance with the terms of this chapter.
(Ord. 11040 § 9, 1934-04-04)
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.
(Ord. 11040 § 11, 1934-04-04)
None of the provisions of this chapter 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.
(Ord. 11040 § 12, 1934-04-04)
If any section, subsection, subdivision, sentence, clause or phrase of this chapter is for any reason held to be unconstitutional or void, such decision shall not affect the validity of the remaining portions of this chapter.
(Ord. 11040 § 13, 1934-04-04)
Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than $500.00, or by imprisonment in the Pierce County Jail for a period of not more than six months, or by both such fine and imprisonment.
(Ord. 11040 § 10, 1934-04-04; Ord. 22600 § 2, 1981-12-29)