[Adopted 2-13-1979 by Ord. No. 2-79]
Whoever intentionally alters indicia of price or value of merchandise or who takes and carries away, transfers, conceals or retains possession of, or knowingly or negligently places a false indicia of price upon, 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 such merchandise may be subject to a forfeiture as provided in § 403-9.
The intentional concealment of unpurchased merchandise
which continues from one floor to another or beyond the last station
for receiving payments 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 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
has probable cause for believing that a person has 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 for the detention and be
permitted to make phone 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.
Penalties for violation of this article are as provided in Chapter 290 of the County Code and the costs of the action.
