A. Shoplifting:
1. It shall be unlawful for any person to remove from any mercantile establishment, any merchandise displaced or offered for sale without the consent of the owner, or to alter the price indicia of such merchandise with the intention of purchasing the merchandise at a reduced price.
2. "Mercantile establishment" means any place where merchandise is displayed, held, or offered for sale, either at retail or wholesale.
3. "Merchandise" means all things movable and capable of manual delivery, the value of which does not exceed two hundred dollars ($200.00).
4. Merchandise is "removed from any mercantile establishment" when it is taken out of the door, or portal of the establishment, or if the establishment does not have a door or portal, when the merchandise is taken beyond the area where customers would normally be in possession of merchandise without first having paid for same.
5. "Owner" means any person who owns or operates a mercantile establishment, or the agent or employees of that person.
6. The offense of this subsection shall be a violation punishable by a fine as otherwise provided for in this code. In addition to, or in lieu of, a sentence to pay a fine, the municipal court shall require as part of sentencing that a civil penalty be imposed payable to the owner of the mercantile establishment in the amount of fifty dollars ($50.00) plus the value of the subject merchandise. The retail price of the merchandise shall be conclusive proof of the value thereof.
7. Nothing stated within this subsection shall prevent the prosecution of the conduct proscribed herein under any other provision of this code otherwise applicable.
B. Theft, Second Degree:
1. A person commits theft in the second degree when, with intent to deprive another of property, the value of which is fifty dollars ($50.00) or more but under two hundred dollars ($200.00), or to appropriate such property to the person or to a third person, the person takes, appropriates, obtains, or withholds such property from an owner thereof.
2. Except as otherwise provided for in subsection 1-4-3D of this code, the offense of this subsection shall be a misdemeanor punishable by fine or jail term as provided for in this code.
C. Theft, Third Degree:
1. A person commits theft in the third degree, when with the intent to deprive another of property, the value of which is under fifty dollars ($50.00), or to appropriate such property to the person or to a third person, the person takes, appropriates, obtains, or withholds such property from an owner thereof.
2. The offense of this subsection shall be a violation punishable by a fine as provided for in this code. (Ord. 372, 6-22-1972; amd. Ord. 627; Ord. 724)