(a) Definitions. As used in this section, unless the context indicates or requires otherwise:
(1) "Conceal merchandise" means that, although there may be some notice of its presence, merchandise is not visible through ordinary observation.
(2) "Full retail value" means the merchant's stated or advertised price of the merchandise.
(3) "Merchandise" means any item of tangible personal property.
(4) "Merchant" means 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.
(5) "Person" means any natural person or individual.
(6) "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.
(7) "Retail mercantile establishment" means any place where merchandise is displayed, held, stored or offered for sale to the public.
(8) "Shopping cart" means those push carts of the type or types which are commonly provided by grocery stores, drug stores 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 stores.
(9) "Under-ring" means to cause the cash register or other sales recording device to reflect less than the full retail value of the merchandise.
(b) Commission of Offense. 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 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 marking which aids 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; or
(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.
(c) Presumptions. If any person 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 removes that 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.
(1977 Code §§ 46-130 to 46-141; Ord. 77-87. Passed 11-21-77.)