(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ANYTHING OF VALUE. Money, goods and services.
CARD HOLDER. The person or organization identified on the face of a credit card to whom or for whose benefit the credit card is issued by an issue.
CREDIT CARD. Any instrument or device whether known as a credit card, credit plate, charge card or by other name issued with or without fee by an issuer for the use of the card holder in obtaining money, goods, services or anything of value, either on credit or in consideration of an understanding or guarantee by the issuer of the payment of a check drawn by the card holder.
EXPIRED CREDIT CARD. A credit card which shows on its face that it is outdated.
INCOMPLETE CREDIT CARD. A credit card upon which a part of the matter, other than the signature of a card holder, which an issuer requires to appear on the credit card before it can be used by a card holder, has not been stamped, embossed, imprinted or written on it.
ISSUER. The business organization or financial institution or its duly authorized agent which issues a credit card.
MERCHANT. Every person who is authorized by an issuer or a participating party to furnish money, goods, services or anything else of value upon presentation of a credit card by a card holder.
PARTICIPATING PARTY. A business organization or financial institution other than the issuer which acquires for value a sales slip or agreement.
REVOKED CREDIT CARD. A credit card for which the permission to use has been suspended or terminated by the issuer and notice thereof has been given to the card holder.
SALES SLIP or AGREEMENT. Any writing evidencing a credit card transaction.
(B) Theft of a credit card. A person who takes a credit card from the person in possession, custody or control of another without the card holder's consent, or who with knowledge that it has been so taken, acquires or possesses a credit card with the intent to use it or to sell it, or to transfer it to a person other than the issuer or the card holder, is guilty of a violation of this code. Taking a credit card without consent includes obtaining it by conduct defined or known as statutory larceny, common law larceny by trespassory taking, common law larceny by trick, embezzlement or obtaining property by false pretenses, false promise or extortion.
(C) Possession of a credit card which has been stolen, lost, mislaid or delivered by mistake. A person other than the issuer who receives or possesses a credit card that he knows or has reason to know to have been stolen, lost, mislaid or delivered under a mistake as to the identity or address of the card holder, and who retains possession thereof with the intent to use it or to sell it or to transfer it to a person other than the issuer or the card holder is guilty of violating this code.
(D) Fraudulent transfer or receipt of a credit card. A person other than the issuer or his authorized agent who with intent to defraud transfers possession of a credit card to a person other than the person whose name appears thereon, or a person who with intent to defraud receives possession of a credit card issued in the name of a person other than himself from a person other than the issuer or his authorized agent is guilty of violating this code.
(E) Fraudulent taking, receiving or transferring credit cards. Any person who with intent to defraud receives, sells, or transfers a credit card by making directly or indirectly any false statement of a material fact, either orally or in writing, respecting his identity or financial condition or that of any other person, firm or corporation, is guilty of violating this code.
(F) Fraudulent signing of credit cards or sales slips or agreements. Any person other than a card holder or a person authorized by him who with intent to defraud signs the name of another or of a fictitious person to a credit card or to a sales slip or agreement is guilty of violating this code.
(G) Fraudulent use of a credit card. Any person who with intent to defraud uses to obtain anything of value of $100 or less a credit card acquired in violation of this code or a credit card which is invalid, expired or revoked or who falsely represents that he is the card holder named on the credit card is guilty of violating this code. Each act or transaction of $100 or less shall constitute a separate violation of this code.
(H) Fraudulent acts by merchants or their employees. Any merchant or his employee is guilty of a violation of this code who with intent to defraud:
(1) Furnishes anything of a value of $100 or less upon presentation of a credit card he knows has been obtained or retained in violation of this code or a credit card which he knows is invalid, expired or revoked. Each act or transaction of $100 or less shall constitute a separate violation of this code.
(2) Fails to furnish anything of value where the difference between the value of anything actually furnished and the value represented by the merchant to the issuer or participating party is less than $100 and which he represents in writing to the issuer or a participating party that he has furnished in a credit card or cards of the issuer. Each act or transaction of $100 or less shall constitute a separate violation of this code.
(I) Possession of incomplete credit cards. A person who possesses an incomplete credit card with intent to defraud is guilty of violating this code.
(J) Receipt of property. Any person who receives money, goods or services, or anything else of a value of $100 or less, obtained by another person through the use of a credit card possessed in violation of this section, and who knows or has reason to believe that it was so obtained, shall be guilty of violating this code.
(K) Presumption created. For the purpose of this code, every credit card, whether valid, expired, incomplete, or revoked, is presumed to have value, and proof of said value is not necessary in any prosecution hereunder.
('74 Code, § 12-1-3-6) (Ord. 96-1973; Am. Ord. 78-1978) Penalty, see § 12-1-99