After heated discussion Monday night, Aurora city council finalized two ordinances making the penalties for retail theft and “dine and dash” crimes harsher.

Both ordinances add to an original ordinance passed in 2023, which set a three-day mandatory minimum jail sentence for retail theft of $300 or more. 

Supporters of the ordinances finalized Monday night said strengthening the penalties and adding more stipulations would deter crime and make Aurora a more desirable place to own a business. 

Opponents say the ordinances will cost the city a significant amount more money and not actually deter crime. 

The number of retail theft cases in Aurora increased between 2022 and 2023, showing that instances of theft did not go down when the 2023 ordinance to impose a mandatory minimum sentence was passed, Aurora Police Department data shows. 

In 2023, the APD reported 1,702 instances of larceny shoplifting, or retail theft. In comparison, the department reported 1,256 cases in 2022.

The first of the two ordinances finalized Monday lowers the threshold that qualifies someone for the mandatory sentence from $300 to $100 in stolen goods and adds provisions for increased jail time of 90 days minimum for repeat offenders.

In cases where the defendant has been convicted of retail theft at least twice, they will face a mandatory minimum sentence of 180 days, according to the ordinance.

The second of the two ordinances applies mandatory minimum sentences on “dine and dash”-type crimes, imposing the mandatory minimum three-day sentence for “defrauding a public establishment,” or not paying after dining, in the amount of $15 or more.

At Monday night’s council meeting, Councilmember Alison Coombs said neither of the ordinances contained a fiscal note, which is required for ordinances by the council rules.

Coombs called on the council to push off the finalization of the ordinances until they could get a fiscal note, but city staff rebutted that it would be difficult to determine the exact cost since they can’t predict the number of people who would commit crimes under the ordinance. 

Councilmember Dustin Zvonek said the city also can’t determine what it would gain financially through attracting businesses by being tougher on retail theft.

“It sends a message to our residents and businesses that we’re going to do everything within our power to make their businesses safe,” Zvonek. 

Councilmember Danielle Jurinsky said the cost doesn’t matter and called for the question, forcing the vote and ending discussion on the first of the two ordinances. 

“Whatever the cost is, we’re going to pay it,” Jurinsky said. “You know why? Because we’re going to keep crime illegal in this city.”

The first ordinance, lowering the threshold and adding more mandatory jail days for repeat offenders, passed with three ‘no’ votes from councilmembers Coombs, Ruben Medina and Crystal Murillo. 

The second of the two ordinances, adding “dine-and-dash” crimes to the mandatory minimum penalty, also passed with the same vote distribution after another heated conversation.

Rodrigo Sanchez, the owner of El Tequileño restaurant in Aurora, said his business is losing about $1,500 per month due to dine-and-dash crimes. 

He spoke to council in support of the ordinance.

Coombs argued against the ordinance: it is “well documented” that mandatory minimums don’t deter crime.” She also said they have a disproportionate impact on people of color.

Councilmember Stephanie Hancock shot back at Coombs: “you’re not going to use that one.”

“I’m so sick and tired of hearing this. Stop using Brown and Black people to put forth this leftist ideology,” Hancock said. “I don’t care what color you are. If you commit a crime, if you rob somebody, you go to jail. I don’t care if you’re Black, White, blue, purple.”

Both ordinances passed, finalizing them on Monday night.