Available stock.
Columbus City Codes § 2939.02
in effect2939.02 - Available stock.
No person shall advertise for sale, food, grocery products or other merchandise as being sold at a certain price unless the advertised food, grocery products, or other merchandise are in stock and readily available marked for sale at the advertised price in all of such person's stores located within the area in which food, grocery products, or other merchandise is advertised.
"In stock and readily available" means either displayed in plain sight within the person's store or capable of being obtained upon request at such store. If the merchandise is not in plain sight, adequate notice must be given in the store that the merchandise is available upon request at the advertised price.
However, it shall constitute a defense to a charge under this section if the retailer maintains records sufficient to show that the advertised products were not "loss leaders." "Loss leaders" means foods, grocery products, or other merchandise sold at a price lower than its cost.
Provided, further, that it shall constitute a defense to a charge under this section if the retailer maintains records sufficient to show that the advertised products were ordered in adequate time for delivery and delivered to the store in quantities sufficient to meet reasonably anticipated demand.
Provided, further, that there shall be no violation of this section or Section 2939.03 if such person clearly and conspicuously and specifically discloses in all such advertisements all exceptions and/or limitations or restrictions with respect to stores, products or prices otherwise included within the advertisements. However, general disclaimers, including but not limited to, "not available in all stores," do not comply with the requirements of this paragraph.
(Ord. 1545-71; Ord. 1132-2008 Attach. (part).)
Source: City of Columbus, City Codes and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/oh/columbus/codes/code_of_ordinances?nodeId=TIT29WEMECO_CH2939READMAPR_2939.02AVSTFetched: 10/27/2026