A. Definitions: For the purposes of this section the words and phrases defined in this subsection have the meanings ascribed to them herein unless a contrary meaning is clear from the context:
CONCEAL: To "conceal" merchandise means that, although there may be some notice of its presence, 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.
MINOR: A person who is less than nineteen (19) years of age, is unemancipated and resides with such person's parents or legal guardian.
PEACE OFFICER: The meaning ascribed to that term in 720 Illinois Compiled Statutes 5/2-13.
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 such retail mercantile establishment.
RETAIL MERCANTILE ESTABLISHMENT: Any place where merchandise is displayed, held, stored or offered for sale to the public.
SHOPPING CART: Pushcarts of the type or types which are commonly provided by grocery stores, drugstores or other retail mercantile establishments for the use of the public in transporting commodities in stores and markets and from such 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. Retail Theft Prohibited And Defined: No person shall commit retail theft. A person commits the offense of retail theft when such person 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; or
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 such 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 such merchandise; or
3. Transfers any merchandise displayed, held, stored or offered for sale in a retail mercantile establishment from the container or place in or on which such merchandise is displayed to any other container or place with the intention of depriving the merchant of the full retail value of such merchandise; or
4. Under rings with the intention of depriving the merchant of the full retail value of the merchandise; or
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.
C. Presumptions: If any person conceals upon such person or among such person's belongings unpurchased merchandise displayed, held, stored or offered for sale in a retail mercantile establishment and 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 such merchandise, such person shall be presumed to have possessed, carried away or transferred such merchandise with the intention of retaining it or with the intention of depriving the merchant permanently of the possession, use or benefit of such merchandise.
D. Detention: 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 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 such identification.
3. To make reasonable inquiry as to whether such person has in such person's possession unpurchased merchandise and to make reasonable investigation of the ownership of such merchandise.
4. To inform a peace officer of the detention of the person and surrender that person to the custody of a peace officer.
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 such minor to such person.
E. Affirmative Defense: A detention, as permitted in this section, does not constitute an arrest or an unlawful restraint, as defined in 720 Illinois Compiled Statutes 5/10-3, nor shall it render the merchant liable to the person so detained. (Ord. 1974, 7-21-1980)
F. Penalties: A person convicted of a first offense under this section, without regard to the retail value thereof, shall be fined in an amount not less than twenty five dollars ($25.00) nor more than five hundred dollars ($500.00). A person convicted of a second or subsequent offense under this section, without regard to the retail value thereof, shall be fined in an amount not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00). (Ord. 1974, 7-21-1980)