(A) Definitions: All the terms and phrases used herein shall have the same meaning ascribed to them in the Criminal Code (720 ILCS 5/16A-1 et seq.) and amendments thereto; except should the term "person" be limited therein to natural persons who have attained the age of seventeen (17) years or more, said limitation is specifically excluded herein, and the term "person" is made applicable to all natural persons who have attained the age of thirteen (13) years or more.
(B) Offense 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, or
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; or
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; or
4. Under-rings with the intention of depriving the merchant of the full retail value of the merchandise; or
5. Removes shopping cart from the premises of 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; or
6. And with the intent to commit an offense as specified above in subsection (B)1, (B)2, (B)3, (B)4 or (B)5 of this Section, he does any act which constitutes a substantial step toward the commission of that offense.
However, it is not an offense hereunder when the full retail value exceeds one hundred fifty dollars ($150.00).
(C) Presumption: If any person conceals upon his person or among his belongings, unpurchased merchandise displayed, held, stored, or offered for sale in a retail mercantile establishment and removes the merchandise beyond the last known station for receiving payments for that merchandise in that retail mercantile establishment; such person shall be presumed to have possessed, carried away, or transferred such merchandise with the intention of retaining it 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.
(D) Detention: Any merchant who has reasonable grounds to believe that a person has committed retail theft may detail such person, in or off the premises of a retail mercantile establishment, in a reasonable manner and for a reasonable length of time for all or any of the following purposes:
1. To request identification;
2. To verify such identification;
3. To make reasonable inquiry as to whether such person has in his possession unpurchased merchandise and to make reasonable investigation of the ownership of such merchandise.
4. To inform a peace officer of the detention of the person and surrender that person to the custody of a peace officer;
5. When such person is a minor, to inform a peace officer, the parents, guardian, or other private person interested in the welfare of that minor of this detention and to surrender custody of such minor to such person.
A merchant may make a detention as permitted hereinabove off the premises of a retail mercantile establishment only if such detention is pursuant to an immediate pursuit of such person.
(E) Affirmative Defense: A detention performed pursuant to and in accordance with this Section does not constitute an arrest or an unlawful restraint and this Section may be pleaded in way of an affirmative defense to false arrest, false imprisonment, or any other cause of action for damages or liability where the essence of said cause is the detention made pursuant hereto. (Ord. 82-3, 1-4-82)
(F) Any person violating the provisions of this Ordinance shall be subject to a fine of not less than one hundred dollars ($100.00), nor more than five hundred dollars ($500.00). (Ord. 83-5, 1-17-1983)