[§460J-27.5]  Advertising.  (a)  It is a
misdemeanor for any person, including a person who is exempt by section 460J-26
from this chapter, to advertise with or without any limiting qualifications as
a pest control operator unless the 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:



(1)  The issuance of any card, sign, or device to any
person;



(2)  The causing, permitting, or allowing of any sign
or marking on or in any building, vehicle, or structure;



(3)  Advertising in any newspaper or magazine;



(4)  Any listing or advertising in any directory under
a classification or heading that includes the word "pest control"; or



(5)  Commercials broadcast by airwave transmission.



(b)  A pest control operator may advertise in
print or broadcast medium, as defined in subsection (a) only if the pest
control operator includes in the advertisement or listing the pest control
operator'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 pest control operator
who does not comply with the provisions of this subsection.  A publisher or
producer who obtains a signed statement from the pest control operator that
states that the pest control operator:



(1)  Has read the text of the advertisement or listing;



(2)  Has an applicable and current pest control
operator's license for the goods and services advertised;



(3)  Has included all applicable and current license
numbers in the advertisement or listing; and



(4)  Is aware of civil and criminal penalties for
advertising as a pest control operator 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
pest control board pursuant to chapter 91 or a judgment by a court of competent
jurisdiction finding that a person has advertised in violation of subsection
(a), the public utility furnishing telephone service to the person 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 1997, c 80, §1]