§ 51.23A. Retail theft.

(a)

Definitions. For the purposes of this Section 51.23A, the following words and phrases shall have the meanings ascribed to them unless a contrary meaning is clear from the context.

(1)

To "conceal" merchandise means that, although there may be some notice of its presence, that merchandise is not visible through ordinary observation.

(2)

"Full retail value" means the merchant's stated or advertised price of the merchandise.

(3)

"Merchandise" means any 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)

"Minor" means a person who is less than eighteen (18) years of age, is unemancipated and resides with his parents or legal guardian.

(6)

"Person" means any natural person or individual.

(7)

"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.

(8)

"Retail mercantile establishment" means any place where merchandise is displayed, held, stored or offered for sale to the public.

(9)

"Under-ring" means to cause the cash 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, which shall be a violation of this Code, 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; or

(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 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)

Under-rings with the intention of depriving the merchant of the full retail value of the merchandise;

(4)

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

(5)

Represents to a merchant that he 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)

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 checkout stand or station for receiving payment 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)

Penalty. Any person violating the provisions of subsection (b) of this section shall be fined not less than fifty dollars ($50.00) nor more than seven hundred fifty dollars ($750.00) for each offense. In addition to the imposition of a fine, as herein provided, any minor found to have violated the provisions of subsection (b) of this section may be ordered to attend remedial education classes.

(Ord. No. 27-2010, § 2, 10-4-2010)