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.
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.
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]
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.
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.