Misrepresentation of nature of business

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  1. (a) It is unlawful for any person, firm, association, or corporation to misrepresent the true nature of its business by use of the words “manufacturer”, “wholesaler”, “retailer”, or a word of similar import or for any person, firm, association, or corporation to represent itself as selling at wholesale or to use the word “wholesale” in any form of sale or advertising unless the person, firm, association, or corporation is actually selling at wholesale an item advertised for the purpose of resale.

  2. (b) As used in this section, “wholesale” means a sale made for the purpose of resale and not a sale made to the consuming purchaser.

  3. (c)

    1. (1) Any person who violates any provision of this section is guilty of a violation and upon conviction shall be punished by a fine of not less than fifty dollars ($50.00) and not more than two hundred dollars ($200).

    2. (2) Each day's violation constitutes a separate offense.


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