The following provisions shall be applicable to the prohibition of shoplifting and theft and the enforcement of this section:
A. Shoplifting Prohibited: It is unlawful for any person, without authorization, whether by threat or deception, to knowingly obtain or in any manner exercise control over any goods, wares, merchandise, or any other thing of value having a value of less than one thousand dollars ($1,000.00) which is owned or held by and offered or displayed for sale by any stores or other mercantile establishments located within the town of Simla, and the person:
1. Intends to deprive the store or mercantile establishment permanently of the use of the benefit of the thing of value; or
2. Knowingly uses, conceals, abandons, or otherwise exercises control over the thing of value in such a manner as to deprive the store or mercantile establishment permanently of its use or benefit; or
3. Uses, conceals, abandons, or otherwise exercises control over the thing of value intending that the use, concealment, abandonment, or control will deprive the store or mercantile establishment permanently of its use or benefit.
For purposes of this section, the term "deception" includes obtaining a full or partial refund for any goods the person knows have not been paid for or attempting to purchase or purchasing any goods for which the person knows the purchase price on the item has been altered.
It shall constitute prima facie evidence that a person intended to commit the offense of shoplifting if the person wilfully conceals unpurchased goods, wares, merchandise, or any other thing of value owned or held by and offered or intended to be offered or displayed for sale by any store or other mercantile establishment, whether the concealment be on the person or otherwise and whether it takes place on or off the premises of the store or mercantile establishment.
B. Concealment Of Goods: If any person wilfully conceals unpurchased goods, wares, merchandise, or any other thing of value owned or held by and offered or intended to be offered or displayed for sale by any store or other mercantile establishment, whether the concealment be on their own person or otherwise and whether such shall take place on or off the premises of the store or mercantile establishment, the concealment shall constitute prima facie evidence that the person intended to commit the offense of shoplifting.
C. Questioning Of Person Suspected Of Shoplifting Without Liability: If any person conceals or otherwise carries away any unpurchased goods, wares, merchandise, or other thing of value owned or held by and offered or intended to be offered or displayed for sale by any store or other mercantile establishment, the merchant or merchant's employee or any peace or police officer, acting in good faith and upon probable cause based upon reasonable grounds may detain and question the person in a reasonable manner for the purpose of ascertaining whether the person is guilty of shoplifting. Questioning of a person by a merchant, merchant's employee, or peace or police officer does not render the merchant, merchant's employee, or peace or police officer civilly or criminally liable for slander, false arrest, false imprisonment, malicious prosecution, or unlawful detention.
D. Theft: It is unlawful for any person, without authorization, to knowingly obtain or exercise control over anything having a value of less than one thousand dollars ($1,000.00), which is owned or lawfully possessed by another, and the person:
1. Intends to deprive the owner or lawful possessor permanently of the use or benefit of the thing of value; or
2. Knowingly uses, conceals, or abandons the thing of value in a manner as to deprive the owner or lawful possessor permanently of its use or benefit; or
3. Uses, conceals, or abandons the thing of value in a manner as to deprive the owner or lawful possessor permanently of its use or benefit.
E. Enforcement: Any person who shall violate any of the provisions of this section shall be fined in a sum of not less than twenty five dollars ($25.00), nor more than five hundred dollars ($500.00) and shall also be assessed with the full restitution of the thing of value taken should the thing of value not be returned in the same condition as when taken. (Ord. 268, 7-8-2008)