It shall be unlawful, whenever a sale at public auction shall be advertised, represented, or held out to be an insurance, bankrupt, mortgage, insolvent, assignee's, executor's, administrator's, receiver's, trustee's, removal, or closing out or quitting business sale, or sale of goods, wares and merchandise damaged by fire, smoke, water, or otherwise, for any person, firm or corporation, or his, her or its employes and agents, to sell any goods, wares and merchandise whatsoever at said sale which are not in truth or in fact the goods, wares and merchandise as advertised, represented, or held out to be.

Any person, or any member of any firm, or any officer of any corporation, wilfully violating or responsible for the violation of any of the provisions of this section shall be guilty of a misdemeanor, and, upon conviction thereof, shall be sentenced to pay a fine not exceeding five hundred dollars ($500.00), or to suffer imprisonment not exceeding ninety (90) days or by both such fine and imprisonment, in the discretion of the court.