(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) CONCEAL. To "conceal" merchandise means that, although there may be some notice of its presence, that 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) PEACE OFFICER. A police officer of the village or of any other governmental unit having legal jurisdiction.
(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 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.
(10) UNDERRING. 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 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) Underrings 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.
(C) Presumptions of commission. If any person:
(1) Conceals upon his person or among his belongings, unpurchased merchandise displayed, held, stored or offered for sale in a retail mercantile establishment; or
(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) Detentions by merchants.
(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 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 against liability. A detention as permitted in this section does not constitute an arrest or an unlawful restraint, as defined in ILCS Chs. 720, 725, 730, 740 or 750, nor shall it render the merchant liable to the person so detained.
(Ord. 84-8-559, passed 8-27-84) Penalty, see § 130.99