Village of Homer Glen, IL Article X Retail Theft

[Adopted 11-10-2009 by Ord. No. 09-069]

§ 155-42 Definitions.

All terms and phrases used herein shall have the same meanings as ascribed to them in the Illinois Criminal Code (720 ILCS 5/16-25 et seq.), and any amendments thereto; except, should the term "person" or "persons" be limited therein to a natural person who has attained the age of 17 years or more, said limitation is specifically excluded herein, and the term "person" or "persons" is made applicable to all natural persons.

RETAIL MERCANTILE ESTABLISHMENT

Any place where merchandise is displayed, held, stored or offered for sale to the public.

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.

THEFT DETECTION DEVICE REMOVER

Any tool or device specifically designed or intended to be used to remove any theft detection device from any merchandise.

§ 155-43 Offense defined.

A person commits the offense of retail theft in violation of the provisions of this article when that person knowingly commits one or more of the following acts enumerated herein and the value of the property is $150 or less:

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 she 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; or

H. 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 10 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; or

[Added 4-27-2016 by Ord. No. 16-010]

I. Theft by emergency exit. A person commits theft by emergency exit when he or she commits a retail theft as defined above and to facilitate the theft he or she leaves the retail mercantile establishment by use of a designated emergency exit.

[Added 4-27-2016 by Ord. No. 16-010]

§ 155-44 Presumptions.

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.

§ 155-45 Penalty.

Any person violating this article shall be required to make restitution to the retail mercantile establishment for the full retail value of the merchandise that is the subject of the retail theft and shall be subject to a mandatory fine of not less than $200 nor more than $2,500, plus administrative costs in an amount of $50.[1]

[1] Editor's Note: Original Section 2.5 of Ord. No. 09-069, regarding proceedings to enforce violations of this article, which immediately followed this section, was repealed 4-27-2016 by Ord. No. 16-010.