2011-76 AMENDING CITY CODE - CHAPTER 73 - OFFENSES

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lessee of the personal property of another, fails to return it to the owner, or fails to pay the full retail value of such property to the lessor in satisfaction of a contractual provision requiring such, within thirty (30) 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 in the leasing agreement shall constitute property demand; or (9) Remove or attempt to remove any theft detection device with the intention of depriving the merchant permanently 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. C. A person is presumed to have possessed, carried away or transferred 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 if such person: (1) Conceals upon his/her person or among his/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 station for receiving payments for merchandise in that retail mercantile establishment without paying the full retail value of such merchandise. D. 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/her 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. E. A detention as permitted in this Section does not constitute an arrest or an unlawful restraint, as defined in 720 ILCS 5/10-3, nor shall it render the merchant liable to the person so detained.