(a) Definitions. As used in this section, unless the context clearly indicates otherwise:
(1) "Concealed merchandise" means merchandise that, although there may be some notice of its presence, is not visible by ordinary observation.
(2) "Full retail value" means the merchant's stated or advertised price of any merchandise, not exceeding three hundred dollars ($300.00) in the aggregate.
(3) "Merchandise" means an 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) "Peace officer" means a 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 such duty extends to all offenses or is limited to a specific offense.
(6) "Premises of a retail mercantile establishment" includes, but is not limited to, the retail mercantile establishment, any common use area in the shopping center or any parking area 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 a push cart of the type commonly provided by grocery stores, drug stores or other retail mercantile establishments for the use of the public in transporting commodities in such stores and establishments and, incidentally, from such a store or establishment to a place outside the store or establishment.
(9) "Under-ring" means to cause a cash register or other sales recording device to reflect less than the full retail value of any merchandise.
(b) Prohibited Acts. No person shall knowingly do any of the following:
(1) Take possession of, carry away, attempt to transfer or cause to be carried away or transferred, from the premises of a retail mercantile establishment, any merchandise displayed, held, stored or offered for sale in the retail mercantile establishment, with the intention of retaining such merchandise or depriving the merchant permanently of the possession, use or benefit of such merchandise without paying the full retail value of such merchandise;
(2) Alter, transfer or remove any label, price tag, marking, indication of value or other marking which aids in determining value affixed to any merchandise displayed, held, stored or offered for sale in a retail establishment, and attempt to purchase such merchandise personally or in consort with another person at less than the full retail value, with the intention of depriving the merchant of the full retail value of such merchandise;
(3) Transfer 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-ring with the intention of depriving the merchant of the full retail value of the merchandise; or
(5) Remove 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) Presumption of Violation. A person shall be presumed to have possessed, carried away or transferred merchandise with the intention of retaining it or depriving the merchant permanently of the possession, use or benefit of such merchandise without paying the full retail value of such merchandise if the 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 such merchandise beyond the last known station for receiving payments for such merchandise in the retail mercantile establishment.
(Ord. 588. Passed 6-14-82; Ord. 1732. Passed 9-28-20.)