(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, such 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 such owner or operator.
PEACE OFFICER. Any person who by virtue of his or her office of 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. “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.
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 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 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 or she 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 merchandise 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) 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 such removal, with the intention of depriving the merchant permanently of the possession, use or benefit of such cart; and/or
(6) Represents to the merchant that he or she or another is the lawful owner of property, knowing that such representation is false, and conveys or attempts to convey that property to a merchant who is the owner of the property in exchange for money, merchandise, credit or other property of the merchant.
(C) Detention.
(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 merchandise 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 or her 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; and
(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.
(3) A detention as permitted in this section does not constitute an arrest or an unlawful restraint, nor shall it render the merchant liable to the person so detained.
(D) Theft of labor or services, or use of property.
(1) A person commits theft when he or she obtains the temporary use of property, labor or services of another which are available only for hire by means of threat or deception or knowing that such use is without the consent of the person providing the property, labor or services.
(2) A person commits theft when, after renting or leasing a motor vehicle, obtaining a motor vehicle or leasing any other type of personal property under an agreement in writing which provides for the return of the vehicle or other personal property to a particular place at a particular time, and is thereafter served or sent a written demand mailed to the last known address, made by certified mail return receipt requested, to return such vehicle or other personal property within three days from the mailing of the written demand, and who, without good cause, willfully fails to return the vehicle or other personal property to any place of business of the lessor within such period.
(1994 Code, § 131.03) (Ord. 95-002, passed 2-13-1995) Penalty, see § 131.99