Douglas County commissioners on Tuesday advanced an ordinance aimed at curbing retail theft by penalizing businesses that refuse to report shoplifters to law enforcement.

The proposal is notable in that it shifts the onus of responsibility to businesses.

Officials said the ordinance is designed to encourage corporations to adopt policies favoring the reporting of shoplifting — especially at big box stores.

“We’re not going to allow a culture where people walk out of a store with a stack of drills and nobody says a word,” Douglas County Commissioner Abe Laydon said. “That era is over in Douglas County.”

Laydon said commissioners will vote on the measure after they hear input from businesses and stakeholders.

This ordinance only applies to businesses located in unincorporated areas of the county, not in municipalities like Parker, Castle Rock or Lone Tree, according to county officials.

Under the proposed ordinance, a business would violate the law when it doesn’t report theft on its property within 96 hours. Businesses must have “reasonable grounds” to believe a theft has been committed before reporting, according to the ordinance.

The failure to report thefts within 96 hours of the crime is punishable by fines. A business incurs a $50 fine for every 24 hours that pass without reporting theft on its property. The maximum fine amount is $1,000.

“Crime prevention is the goal and responsibility of everyone in Douglas County,” the proposed ordinance reads. “It is not the intent of the Board or the county to unnecessarily regulate businesses or impede victims of crime from seeking support.”

“In balancing these concerns,” the measure added, “the board recognizes the need to prevent corporate conduct that facilitates or promotes crime in Douglas County.”

Roughly 75% of crimes in Douglas County involved those who don’t live there, according to the county.

County officials said the ordinance implements Colorado law enacted in 1979, which states every corporation or individual who believe a crime has been committed to promptly report it to law enforcement.

“Our goal is not to punish businesses,” Douglas County Attorney Jeff Garcia said. “This is about ensuring that the community we live in is in compliance with Colorado laws, which includes a mandatory criminal reporting requirement.”

Two speakers during a public comment period raised worries about enforcement actions against petty theft, impacts to small businesses and the need for a cost benefit analysis.

Officials didn’t specify the monetary threshold for stolen goods before the crime needs to be reported.

Colorado law defines petty theft as stealing property valued less than $300. Those crimes are punishable by jail time or fines.

Some municipalities have adopted ordinances that toughen the penalties for retail theft.

Aurora City Council, for instance, last year approved harsher penalties for shoplifting and what’s called dine-and-crimes. The city decreased the value threshold from $300 to $100 for stolen goods to trigger a mandatory three-day jail sentence. For dining without paying, the city set the threshold to $15.

“You steal from us, expect to go to jail,” said George Brauchler, the attorney for Colorado’s newest judicial district, which covers Douglas, Elbert and Lincoln counties.

“There has been a weakening of our laws when it comes to protecting the property rights of others,” said Brauchler, who has pushed for harsher sentences for theft.

Heading into the holidays, shoplifting is on the rise Colorado, according to a Common Sense Institute report.

After falling from 24,975 thefts in 2015 to around 18,000 in 2021, Colorado Bureau of Investigation data show a jump to more than 27,000 shoplifting crimes in 2024, according to the group.

Between 2014 and 2024, CSI reported a total of 12,459 shoplifting incidents in Douglas County.

Douglas County Sheriff Darren Weekly said shoplifting has increased over the years.

The sheriff’s office is tasked with enforcing the new ordinance, if approved.

“There would be some incidents that would have to take place for us to be able to follow up on in order for us to take action,” Weekly told The Denver Gazette in response to how his department will enforce the ordinance if businesses don’t report.

“We welcome any measure that strengthens our ability to hold offenders accountable and to help us better protect local businesses and protect from organized retail theft,” Weekly said.