(A) Definitions. For the purpose of this chapter, 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, the 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 or such owner or operator.
"PERSON." Any natural person or individual.
"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.
(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 or such merchandise without paying the full retail value off such merchandise; or
(2) Alters, transfers or removes any label, price tag, marking, indicia of value or an 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 the 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 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; or
(4) Obtains or exerts unauthorized control over property of the owner and thereby intends to deprive the owner permanently of the use or benefit of the property when a lessee of the personal property of another fails to return it to the owner, or if the lessee fails to pay the full retail value of such property to the lessor in satisfaction of any contractual provision requiring such, within 30 days after written demand from the owner for its return. A notice in writing, given after the expiration of the leasing agreement, by registered mail, to the lessee at the address given by the lessee and shown on the leasing agreement shall constitute proper demand; and
(5) The full retail value of the property in question under either division (B)(1), (2), (3) or (4) of this section is less than $300.
(C) Presumptions. If any 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 that merchandise beyond the last known station for receiving payments for that merchandise in that retail mercantile establishment; 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 without paying the full retail value of such merchandise.
(D) Severability. If any subsection, clause, sentence, paragraph or part of this section is for any reason adjudged by any court of competent jurisdiction to be invalid, such judgment will not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the subsection, clause, sentence, paragraph or part thereof directly involved in the controversy in which such judgment shall have been rendered.
(E) Repeat offenders. Any person arrested for or convicted of retail theft under this section or state statute, who is arrested for retail theft a second or further time, shall not be charged under this section, but shall be charged under the state statute provisions relating to retail theft, ILCS Ch. 720, Act 5, §§ 16A-1 et seq.
(Ord. 99-0-017, passed 3-16-99; Am. Ord. 2014-O-015, passed 7-15-14; Am. Ord. 2017-O-009, passed 2-21-17) Penalty, see § 131.99