§444-9.2  Advertising.  (a)  It is a
misdemeanor for any person, including a person who is exempt by section 444-2
from this chapter, to advertise with or without any limiting qualifications as
a contractor unless such person holds a valid license under this chapter for
the goods and services advertised.  "Advertise" as used in this
section includes, but is not limited to, the issuance of any card, sign, or
device to any person; the causing, permitting, or allowing of any sign or
marking on or in any building, vehicle or structure; or advertising in any
newspaper or magazine; any listing or advertising in any directory under a
classification or heading that includes the word "contractor"; or
commercials broadcast by airwave transmission.



(b)  A contractor may advertise in print or
broadcast medium, as defined in subsection (a) only if the contractor includes
in the advertisement or listing the contractor's applicable and current license
number, and provides proof of the number's validity to the publisher or
producer of the advertising medium.  The publisher or producer of a print or
broadcast advertising medium shall refuse to publish or broadcast an
advertisement or listing for a contractor who does not comply with the
provisions of this subsection.  A publisher or producer who obtains a signed
statement from the contractor which states that the contractor has read the
text of the advertisement or listing, has an applicable and current contractors
license for the goods and services advertised, has included all applicable and
current license numbers in the advertisement or listing, and is aware of civil
and criminal penalties for advertising as a contractor without a valid license,
shall be entitled to a rebuttable presumption of compliance with this subsection.



(c)  Upon entry of either a final order of the
contractors license board pursuant to chapter 91 or a judgment by a court of
competent jurisdiction finding that a contractor has advertised in violation of
either section 444-9 or 444-9.2(a), the public utility furnishing telephone
service to the contractor shall disconnect the telephone number contained in
the advertisement or listing.



(d)  The publisher or producer of a print or
broadcast advertising medium shall not be liable in any suit, action, or claim
arising from its refusal to list or accept advertisements pursuant to
subsection (b).  Good faith compliance by a public utility with subsection (c)
is a complete defense to any civil or criminal action brought against it
arising from the termination of telephone service. [L 1974, c 112, pt of §1(1);
am L 1984, c 132, §1; am L 1988, c 247, §1]