9.72.070 Deceptive business practices.
A. A person is guilty of a class B misdemeanor if, in the course of business, he:
1. Uses or possesses for use a false weight or measure, or any other device for falsely determining or recording any quality or quantity; or
2. Sells or offers or exposes for sale or delivers less than the represented quantity or quality of any commodity or service; or
3. Takes or attempts to take more than the represented quantity of any commodity or service when as buyer he furnishes the weight or measure; or
4. Sells, offers or exposes for sale adulterated or mislabeled commodities:
a. "Adulterated" means varying from the standard of composition or quality prescribed, or pursuant to any statute or ordinance providing criminal penalties for such variance, or set by established commercial usage;
b. "Mislabeled" means varying from the standard of truth or disclosure in labeling prescribed by or pursuant to any statute or ordinance providing criminal penalties for such variance, or set by established commercial usage;
5. Makes a false or misleading statement in any advertisement addressed to the public or to a substantial segment thereof for the purpose of promoting the purchase or sale of property or services;
6. Offers, by advertising or other means of communication, to the public or a substantial number of persons, property or services as part of the scheme or plan, with intent not to sell or provide the advertised property or services:
a. At the price which he offered them, or
b. In a quantity sufficient to meet the reasonably expected public demand, unless the quantity is specifically stated in the advertisement, or
c. At all.
B. It is an affirmative defense to prosecution under this section that the defendant’s conduct was not knowing or reckless. (Code 1975 § 13-650-7)