Bourbon County Sightings

Discussion in 'Great Lakes' started by chi16brew, May 17, 2012.

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  1. Rempo

    Rempo Initiate (0) Jan 18, 2010 Indiana

    Go away.
     
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  2. Lansman

    Lansman Savant (1,116) Mar 19, 2011 Missouri
    Trader

    FWIW, Illinois retail law, subject to interpretation, and I will not enter into a debate as to the elements present in the story and how they may or may not match the descriptions below, but the key to the issue is the 'mens rea' (mental state) of the person at the time of the infraction. Here, the mens rea is called out by use of the word knowingly, which would be key in prosecution of an allegation of theft:

    Sec. 16A-3. Offense of Retail Theft.

    A person commits the offense of retail theft when he or she knowingly:

    (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 permanently 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) Under-rings with the intention of depriving the merchant of the full retail value of the merchandise...

    In Illinois it is considered 'petty theft' and a Class 4 Felony if the value of the goods does not exceed $150.

    In any event, back to the original topic of discussion please for those still looking for BCBS!
     
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  3. pmoney

    pmoney Initiate (0) Apr 15, 2011 Illinois

    The way I was brought-up, deceiving someone and knowingly paying less for something than it costs is stealing.
     
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  4. thereal

    thereal Initiate (0) Apr 20, 2010 Illinois

    You are right that this does not fit the legal definition of theft. However, it probably does meet the legal definition of stealing, which is about intent. His intent was to defraud the store.

    Either way, it meets the actual, real world definition of a total dick move.
     
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  5. apocalypsezombie

    apocalypsezombie Initiate (0) May 12, 2012

    Tag switching is absolutely theft and you can be arrested for it if the store has proper proof. Several people in the Naperville/Aurora can attest to that after getting hauled away in a cop car from my place of work.

    Edit: what lansman said.
     
  6. drewba

    drewba Pundit (847) Nov 14, 2009 Illinois

    Deceit isn't a grey area.

    EDIT - Literally everyone beat me to it. Turn your brain on, dontcounttoday!
    https://www.youtube.com/watch?feature=player_detailpage&v=9fWvub_WBho#t=33s
     
  7. pmoney

    pmoney Initiate (0) Apr 15, 2011 Illinois

    I also just wanted to point out that I didn't use the word "theft" in a single one of my posts.

    Watch your wording :wink:
     
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  8. DROOO

    DROOO Initiate (0) May 5, 2009 Illinois

    SNAP!
     
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  9. Mjmoser

    Mjmoser Initiate (0) May 6, 2012 Illinois

    Anyone know where I can find some BCS? :slight_smile:
     
  10. JmH

    JmH Aspirant (272) Jun 6, 2012 Illinois

    oh jeez, we're all so impressed by your moral fortitude! :rolling_eyes:

    on with the BCS sightings!
     
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  11. Rempo

    Rempo Initiate (0) Jan 18, 2010 Indiana

    If you can't find it for $11.49/4-pack, you aren't trying hard enough.
     
    libbey, Vav, ckobes and 7 others like this.
  12. Dontcounttoday

    Dontcounttoday Initiate (0) Apr 23, 2010 Illinois

    Don't want to quote that whole legal post, but on response to switcing price tags, according to the original post he brought the price tag off the shelf that the BCBS was on. Wrong tag, wrong placement of the beer, or wrong price in system none of this would be the customers fault. As for him knowing the price was wrong well technically he doesn't know the retail price at that store, and prices differ at every store. Clearly the price was low but again he only knows for sure the best nformayion the store gives the customer.

    Sorry to drag this out and I really don't care who thinks it is wrong, all that matters is he was called out for stealing. I only have experience with electronic retailers in price mistakes, but there have been several instances I have seen on Amazon alone where something clearly has the wrong price, gets posted to sites like Slickdeals and not only do hundreds or thousands buy them up, Amazon in certain instances has to honor the price mistake. I've never heard of someone being arrested or prosecuted even when getting an item for 1/100th actual cost. Same thing often happens with price misprints in newspapers. To think this is stealing is beyond me.

    Also what the OP did violates neither A, B, I really C, and I am not sure what under-rings means
     
  13. TMoney2591

    TMoney2591 Grand High Pooh-Bah (6,139) Apr 21, 2009 Illinois
    Pooh-Bah

    It's 'cause he noticed the sign's mistake and still went ahead and pressed for that price. Had the sign actually quoted an incorrect price for the BCS, take it from a guy who's worked retail for years (including beer/liquor sales) that the listed price would be honored...then hopefully fixed...and no one would have had as much of a problem with what this guy did.

    In effect, he knowingly brought forth an incorrect (lower) price, which, despite the fact that he knew it was wrong (hence the momentary hesitation and the frisky feeling), he expected to pay. Not technically stealing/theft in the strictest sense, but a major dick move that, to many, is tantamount thereto.
     
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  14. Rempo

    Rempo Initiate (0) Jan 18, 2010 Indiana

    Then shut up.
     
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  15. Dontcounttoday

    Dontcounttoday Initiate (0) Apr 23, 2010 Illinois

    Hah no. I don't like to see someone being called a thief or accused of stealing regardless of how little you seem to like his actions. Call him an asshole or scumbag and I'd have nothing to say.
     
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  16. AJDePaul

    AJDePaul Initiate (0) Jun 29, 2012 Illinois

    I think the original guy who actually did the "stealing/dickbag move" is breathing a sigh of relief and wiping the sweat from his brow in relief that someone else is bearing the BA beat down from his actions
     
  17. pmoney

    pmoney Initiate (0) Apr 15, 2011 Illinois

    Would you consider that "stealing" the spotlight? :grinning:
     
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  18. Bay01

    Bay01 Initiate (0) Nov 19, 2008 Illinois

    Well, it's about time this thread got shut down anyways
     
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  19. Rempo

    Rempo Initiate (0) Jan 18, 2010 Indiana

    You're a saint.

    You're on a site shared by retailers and consumers alike talking about how this is OK:
    Why not tell the owner? Why not educate the salesperson?
     
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  20. AJDePaul

    AJDePaul Initiate (0) Jun 29, 2012 Illinois

    I second this...

    This kind of happened to me when I first got into "real" craft beer. I was doing a Pick a 6 at Binnys and didn't realize the shelf directly next to the "pick a 6" selection was the manager's desk which had several bottles on it and not just loose bottles that people didn't put back. I proceeded to fill my $8.99/6 pack selection with "Bitch Please" and "Bashah" that were on that desk. They never said anything at the register.

    I came to realize next time I was there that they were selling both the BP and Bashah for somewhere around that $9/bottle mark, not for a 6 pack. I told the manager what happened and offered to pay the difference and he said it was their mistake and not to worry about making them whole.

    If you say something you will help the owner/manager and they most likely would give it to you for the lower price anyways.
     
    Vav likes this.
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