[Adopted 1-25-1993 by Ord. No. 1-93]
A. 
Whoever intentionally alters indicia of price or value of merchandise or who takes and carries away, transfers, conceals, or retains possession of merchandise held for resale by a merchant without his consent and with intent to deprive the merchant permanently of possession or the full purchase price of merchandise may be penalized as provided in § 170-3 herein.
B. 
The intentional concealment of unpurchased merchandise which continues from one floor to another or beyond the last station for receiving payment in a merchant's store is evidence of intent to deprive the merchant permanently of possession of such merchandise without paying the purchase price thereof. The discovery of unpurchased merchandise concealed upon the person or among the belongings of such person or concealed by a person upon the person or among the belongings of another is evidence of intentional concealment on the part of the person so concealing such goods.
A merchant or merchant's adult employee who had probable cause for believing that a person had violated this article in his presence may detain such person in a reasonable manner for a reasonable length of time to deliver him to a peace officer or to his parent or guardian in the case of a minor. The detained person must be promptly informed of the purpose of the detention and be permitted to make telephone calls, but he shall not be interrogated or searched against his will before the arrival of a peace officer, who may conduct a lawful interrogation of the accused person. Compliance with this section entitles the merchant or his employee effecting the detention to the same defense in any action as is available to a peace officer making an arrest in the line of duty.
Any person who shall violate any of the provisions of this article shall, upon conviction, be subject to a forfeiture of:
A. 
Not less than $25 nor more than $1,000 if the value of the merchandise does not exceed $500.
B. 
Not less than $100 nor more than $3,000 if the value of the merchandise exceeds $500 but not more than $2,500.
C. 
Not less than $500 nor more than $5,000 if the value of the merchandise exceeds $2,500.