(A) Definitions. For the purpose of this section, the words and phrases defined herein shall have the meanings ascribed to them in those sections unless a contrary meaning is clear from the context.
(1) CONCEAL MERCHANDISE. Although there may be some notice of its presence, merchandise is not visible through ordinary observation.
(2) FULL RETAIL VALUE. The merchant’s stated or advertised price of the merchandise.
(3) MERCHANDISE. Any item of tangible personal property.
(4) 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.
(5) MINOR. A person who is less than 18 years of age, is unemancipated and resides with his or her parents or legal guardian.
(6) PERSON. Any natural person or individual.
(7) 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.
(8) RETAIL MERCANTILE ESTABLISHMENT. Any place where merchandise is displayed, held, stored or offered for sale to the public.
(9) SHOPPING CART. 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 store.
(10) UNDER-RING. To cause the cash register or other sales recording device to reflect less than the full retail value of the merchandise.
(B) Offense of 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 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 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 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:
(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 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.
(1) Any merchant who has reasonable grounds to believe that a person has committed retail theft may detain such person, on 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:
(a) To request identification;
(b) To verify such identification;
(c) To make reasonable inquiry as to whether such person has in his or her possession unpurchased merchandise and to make reasonable investigation of the ownership of such merchandise;
(d) To inform a peace officer of the detention of the person and surrender that person to the custody of a peace officer;
(e) In the case of 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;
(2) A merchant may make a detention as permitted herein 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 as permitted in this section does not constitute an arrest or an unlawful restraint, nor shall it render the merchant liable to the person so detained.
(F) Civil liability.
(1) A person who commits the offense of retail theft as defined in divisions (B)(1), (2) or (3) above shall be civilly liable to the merchant of the merchandise in an amount consisting of:
(a) Actual damages equal to the full retail value of the merchandise as defined herein; plus
(b) An amount not less than $100 nor more than $1,000; plus
(c) Attorney’s fees and court costs.
(2) If a minor commits the offense of retail theft, the parents or guardian of the minor shall be civilly liable as provided in this section.
(3) A conviction or a plea of guilty to the offense of retail theft is not a prerequisite to the bringing of a civil suit hereunder.
(4) Judgments arising under this section may be assigned.
(G) Separability. If any division, clause, sentence, paragraph or part of this section is for any reason adjudged by any court of competent jurisdiction to be invalid, such judgment will not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the division, clause, sentence, paragraph or part thereof directly involved in the controversy in which such judgment shall have been rendered.
(H) Penalty.
(1) The penalty for retail theft of property, the full retail value of which does not exceed $150 shall be not less than $100, nor more than $500.
(2) The penalty for any retail theft of property, the full retail value of which exceeds $150 shall be not less than $250, nor more than $1,000.
(Ord. 1152, passed 9-8-1987)