A. Definitions: For the purposes of this section, the following words and phrases shall have the following meanings:
CONCEAL: To "conceal" merchandise means that, although there may be some notice of its presence, that merchandise is not visible through ordinary observation.
FULL RETAIL VALUE: The merchant's stated or advertised price of the merchandise.
MERCHANDISE: Any item of tangible personal property.
MERCHANT: An owner or operator of any retail mercantile establishment or any agent, employee, lessee, consignee, officer, director, franchisee or independent contractor of such owner or operator.
MINOR: A person who is less than nineteen (19) years of age, is unemancipated and resides with his parents or legal guardian.
PREMISES OF A RETAIL MERCANTILE ESTABLISHMENT: Includes, but is not limited to, the retail mercantile establishment; any common use areas in shopping centers and all parking areas set aside by a merchant or on behalf of a merchant for the parking of vehicles for the convenience of the patrons of such retail mercantile establishment.
RETAIL MERCANTILE ESTABLISHMENT: Any place where merchandise is displayed, held, stored or offered for sale to the public.
SHOPPING CART: Those pushcarts of the type or types which are commonly provided by grocery stores, drugstores or other retail mercantile establishments for the use of the public in transporting commodities in stores and markets and, incidentally, from the stores to a place outside the store.
THEFT BY EMERGENCY EXIT: To commit a retail theft as defined in this section and to facilitate the theft by leaving the retail mercantile establishment by use of a designated emergency exit.
THEFT DETECTION DEVICE REMOVER: Any tool or device specifically designed and intended to be used to remove any theft detection device from any merchandise.
THEFT DETECTION SHIELDING DEVICE: Any laminated or coated bag or device designed and intended to shield merchandise from detection by an electronic or magnetic theft alarm sensor.
UNDER RING: To cause the cash register or other sales recording device to reflect less than the full retail value of the merchandise.
B. Commitment Of Retail Theft: A person commits the offense of retail theft when he knowingly:
1. Takes possession of, carries away, transfers or causes to be carried away or transferred, any merchandise displayed, held, stored or offered for sale in a retail mercantile establishment with the intention of retaining such merchandise or with the intention of depriving the merchant permanently of the possession, use or benefit of such merchandise without paying the full retail value of such merchandise.
2. Alters, transfers, or removes any label, price tag, marking, indicia of value or any other markings which aid in determining value affixed to any merchandise displayed, held, stored or offered for sale, in a retail mercantile establishment and attempts to purchase such merchandise personally or in consort with another at less than the full retail value with the intention of depriving the merchant of the full retail value of such merchandise.
3. Transfers any merchandise displayed, held, stored or offered for sale, in a retail mercantile establishment from the container in or on which such merchandise is displayed to any other container with the intention of depriving the merchant of the full retail value of such merchandise.
4. Under rings with the intention of depriving the merchant of the full retail value of the merchandise.
5. Removes a shopping cart from the premises of a retail mercantile establishment without the consent of the merchant given at the time of such removal with the intention of depriving the merchant permanently of the possession, use or benefit of such cart.
6. Represents to a merchant that he or another is the lawful owner of property, knowing that such representation is false, and conveys or attempts to convey that property to a merchant who is the owner of the property in exchange for money, merchandise credit or other property of the merchant.
7. Uses or possesses any theft detection shielding device or theft detection device remover with the intention of using such device to deprive the merchant permanently of the possession, use or benefit of any merchandise displayed, held, stored or offered for sale in a retail mercantile establishment without paying the full retail value of such merchandise.
8. Obtains or exerts unauthorized control over property of the owner and thereby intends to deprive the owner permanently of the use or benefit of the property when a lessee of the personal property of another fails to return it to the owner, or if the lessee fails to pay the full retail value of such property to the lessor in satisfaction of any contractual provision requiring such, within ten (10) days after written demand from the owner for its return. A notice in writing, given after the expiration of the leasing agreement, by registered mail, to the lessee at the address given by the lessee and shown on the leasing agreement shall constitute proper demand.
C. Illinois Criminal Code: This section does not apply to any act that constitutes a felony as defined in section 16A-10 of the Illinois criminal code. (Ord. 10-28-0, 5-26-2010)