§ 51-21-01 — Definitions

As used in this chapter, unless the context requires otherwise:
1. An item is "concealed" within the meaning of this chapter if, even though there is some
notice of its presence, the item itself is not visible through ordinary observation.
2. "Full retail value" means the merchant's stated or advertised price of the merchandise.
3. "Merchandise" means any item of tangible personal property and specifically includes
shopping carts.
4. "Merchant" means an owner or operator of any retail mercantile establishment or any
agent, employee, lessee, consignee, officer, franchisee, or independent contractor or
such owner or operator.
5. "Person" means any natural person or individual.
6. "Premises of a retail mercantile establishment" includes, but is not limited to, the retail
mercantile establishment, any common-use areas in shopping centers, and all parking
areas set aside by a merchant, or on behalf of a merchant, for the parking of vehicles
for the convenience of the patrons of said retail mercantile establishment.
7. "Retail mercantile establishment" means any place where merchandise is displayed,
held, offered, or stored for sale to the public.
8. "Shopping cart" means those pushcarts of the type or types which are commonly
provided by grocery stores, drugstores, or other retail mercantile establishments for
the use of the public in transporting commodities in stores and markets and,
incidentally, from the stores to a place outside the store.