City of Crystal Lake, IL
McHenry County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Crystal Lake 12-6-2011 by Ord. No. 6721. Amendments noted where applicable.]
GENERAL REFERENCES
Cigarette sales — See Ch. 203.
Fines — See Ch. 248.
Peddlers, solicitors and transient vendors — See Ch. 385.
Sidewalk sales — See Ch. 440.
As used in this chapter, the following terms shall have the meanings indicated:
RETAIL MERCANTILE ESTABLISHMENT
Any place where merchandise is displayed, held, stored or offered for sale to the public.
THEFT DETECTION DEVICE REMOVER
Any tool or device specifically designed or intended to be used to remove any theft detection device from any merchandise.
THEFT DETECTION SHIELDING DEVICE
Any laminated or coated bag or device designed and intended to shield merchandise from detection by an electronic or magnetic theft alarm sensor.
The offense of misdemeanor retail theft is committed when a person knowingly commits the following acts and the full retail value of the merchandise involved does not exceed the amount listed as a misdemeanor in Section 16-25(f)(1) of the Illinois Criminal Code, 720 ILCS 5/16-25:
A. 
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 of the possession, use or benefit of such merchandise without paying the full retail value of such merchandise; or
B. 
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
C. 
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
D. 
Causes the cash register or other sales recording device to reflect less than the full retail value of the merchandise; or
E. 
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; or
F. 
Represents to a merchant that he or another is the lawful owner of property knowing that such representation is false, and transfers or attempts to transfer that property to a merchant who is the owner of the property in exchange for money, merchandise credit or other property of the merchant; or
G. 
Uses or possesses any theft detection shielding device or theft detection device remover with the intention of using such device to deprive the merchant of the possession, use or benefit of any merchandise displayed, held, stored or offered for sale in a retail mercantile establishment without paying the full retail value of such merchandise.
If any person 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 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 of the merchandise without paying the full retail value of the merchandise. For purposes of this section, to "conceal merchandise" means that, although there may be some notice of the merchandise's presence, the merchandise is not visible through ordinary observation.
A. 
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 his 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.
B. 
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.
C. 
A merchant shall be deemed to have reasonable grounds to make a detention for the purposes of this chapter if the merchant detains a person because such person has in his possession either a theft detection shielding device or a theft detection device remover.
Any person convicted of a violation of any section of this chapter shall be fined as set forth in Chapter 248, Fines.