(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, that 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.
MINOR. A person who is less than 19 years of age, is unemancipated and resides with his or her parents or legal guardian.
PEACE OFFICER. Any person who by virtue of his or her office or public employment is vested by law with a duty to maintain public order or to make arrests for offenses, whether that duty extends to all offenses or is limited to specific offenses.
PERSON. Any natural person or individual.
PREMISES OF A RETAIL MERCANTILE ESTABLISHMENT. Includes but is not limited to the retail mercantile establishment, and 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, 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.
UNDER-RING. To cause register or other sales recording device to reflect less than the full retail value of the merchandise.
(B) Offense of retail theft. No person shall commit retail theft. A person commits the offense of retail theft when the person:
(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 the merchandise without paying the full retail value of the merchandise;
(2) Alters, transfers or removes any label, price tag, marking, indicia of value or 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 full retail value with the intention of depriving the merchant of the full retail value of the merchandise;
(3) Transfers any merchandise displayed, held, stored or offered for sale, in a retail merchandise establishment from the container or place in or on which the merchandise is displayed to any other container or place 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 or she is the lawful owner of property, knowing that the representation is false, and conveys or attempts to convey the property to a merchant who is the owner of the property in exchange for money, merchandise credit or other property of the merchant; or
(7) Obtains or exerts unauthorized control over property of the owner and thereby intends to deprive the owner permanently of the use or benefit of the property when, as the lessee of the personal property of another, fails to return it to the owner, or fails to pay the full retail value of the property to the lessor in satisfaction of a contractual provision requiring it, within 30 days after written demand from the owner for its return. A notice in writing, given after the expiration of the leasing agreement, by registered mail, to the lessee at the address given by the lessee and shown in the leasing agreement shall constitute property demand.
(C) Presumptions. If any person does either (C)(1) or (C)(2) below, the 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:
(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 merchandise in that retail mercantile establishment without paying the full retail value of the merchandise
(D) Detention. Any merchant who has reasonable grounds to believe that a person has committed retail theft may detain the 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:
(1) To request identification;
(2) To verify the identification;
(3) To make reasonable inquiry as to whether the person has in his or her possession unpurchased merchandise and, to make reasonable investigation of the ownership of the merchandise;
(4) To inform a peace officer of the detention of the person and surrender that person to the custody of a peace officer; or
(5) 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 the minor to the person.
(E) Affirmative defense. A detention as permitted in this section does not constitute an arrest or an unlawful restraint, as defined in Ill. Rev. Stat. Ch. 38, § 10-3, nor shall it render the merchant liable to the person so detained.
(Ord. 03-09-02, § 4-8, passed 9-23-2003)
Cross-reference:
For fine, see § 35.01