(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CONCEAL. To CONCEAL merchandise means that, although there may be some notice of its presence, the 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 the owner or operator.
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 the retail mercantile establishment.
RETAIL MERCANTILE ESTABLISHMENT. Any place where merchandise is displayed, held, stored or offered for sale to the public.
SHOPPING CART. Those push carts 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.
UNDER-RING. To cause the cash register or other sales-recording device to reflect less than the full retail value of the merchandise.
(B) Retail theft prohibited. No person shall commit retail theft. A person commits the offense of retail theft when he or she 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 the 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 the 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 the 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 the merchandise is displayed to any other container with the intention of depriving the merchant of the full retail value of the 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 the removal with the intention of depriving the merchant permanently of the possession, use or benefit of the cart.
(6) Represents to a merchant that he, she or another is the lawful owner of property, knowing that the 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 the device to deprive the merchant permanently of the possession, use or benefit of any merchandise displayed, held, stored or offered for sale in the retail mercantile establishment without paying the full retail value of the merchandise.
(C) Attempted retail theft prohibited. No person shall commit attempted retail theft. A person commits attempted retail theft when, with the intent to commit a theft, he or she does any act which constitutes a substantial step toward the commission of that offense.
(D) If any person:
(1) Conceals upon his or her person or among his or her belongings, unpurchased merchandise displayed, held, stored or offered for sale in a retail mercantile establishment; and
(2) Removes that merchandise beyond the last known station for receiving payments for the merchandise in that retail mercantile establishment, that person shall be presumed to have possessed, carried away or transferred the merchandise with the intention of retaining it or with the intention of depriving the merchant permanently of the possession, use or benefit of the merchandise.
(Prior Code, § 5-4-5-(4)) (Ord. 1157, passed 11-16-1989; Ord. 2036, passed 4-21-2011) Penalty, see § 132.99