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No charges have been filed in Spencer's Gifts raid
By JESSE FRUHWIRTHLAYTON — Davis County officials said Wednesday it is unknown whether charges will be filed against the Layton Hills Mall novelty store Spencer’s Gifts.
On Tuesday, Layton police served a search warrant against Spencer’s and seized sexually oriented material that they suspect violates Utah’s statute of dealing in harmful material to a minor.
It is unknown if minors had actually purchased the adult items or if corporate policy requires employees to verify customers’ ages.
Officials with the Layton Police Department and the Davis County Attorney’s Office said they had received complaints about the store.
Next week, the Davis County Attorney’s Office will meet with Layton investigators and representatives from the New Jersey-based Spencer Gifts LLC to determine if charges will be filed.
A call to the store Wednesday indicated Spencer’s had re-opened.
Updated Feb. 14 at 9:30 a.m.
Seized: Sexually oriented items accessible to minors
LAYTON -- Police say a Layton Hills Mall novelty store that strives to be "the most outrageous retail brand on the planet" must verify shoppers' ages before selling gummy candies in the shape of human genitalia and other sexually oriented products.
Layton police investigators served a search warrant Tuesday morning against Spencer's and seized any material they suspect violates Utah's statute of dealing in harmful material to a minor.
Layton police say the store is not verifying shoppers' ages and has the genital-shaped candies and other sexually oriented merchandise, like vibrators, in plain view.
"They are not selling anything that is illegal," said Layton Police Sgt. Mark Chatlin. "The issue is that it's offered for sale partly in view of minors and potentially to minors."
The store was told on three prior occasions that its practices may violate state law, but no changes occurred, he said.
He said he doesn't know if minors had actually purchased the adult items, if corporate policy requires employees to verify customers' ages before selling to them or if employees actually do those checks if required.
"It's their store policy that we need to look at."
An assistant manager was seen pacing in front of the store as police conducted the hours-long raid, but said he could not comment. Representatives of New Jersey-based Spencer Gifts LLC did not return multiple calls requesting comment.
Chatlin said plain-clothes officers previously investigated the store and found items "in the shape of genitals" and "things that are perceived to be sexual toys." The warrant authorized seizure of any item depicting nudity, sexual conduct or sexual excitement, he said.
Davis County Attorney Troy Rawlings and police officials said Spencer's was targeted because of complaints both offices received. Other businesses have not been the target of similar complaints.
"If we had a situation where this had been walled off from minors, then we wouldn't even be looking at this," Rawlings said.
Cindy Moreno, president of Utah's Communities for Decency, said her group has received complaints about the store. She said the group has encouraged concerned individuals to contact Rawlings. She said there was no concerted effort, however, to get group members to complain.
"A lot of adults don't realize their kids get dropped off at the mall and can get exposed to this material that's in there."
A mall official said the Spencer's store has been in the mall for more than 10 years but had no other comment.
The store has a small sign in its mall-facing window that reads "Parental Advisory: Adult Humor and Content."
Among T-shirts, posters, lava lamps and novelties, Spencer's sells personal massage devices with names like "G-Spot Vibe." That was one of the items officers seized.
On Tuesday, the company's Web site, spencersonline.com, indicated it operates at more than 600 malls throughout the U.S. and Canada.
"We are dedicated to providing our core 18-25 year old guests with innovative, humorous and fun merchandise that supports their lifestyle," the site reads. "Our guests find it impossible to resist the infectious laughter that comes from experiencing a Spencer's store."
City and county officials aren't laughing.
Rawlings said company officials indicated they are open to talking about how they can comply.
"I've already heard from Spencer's corporate counsel saying they'll do whatever they have to do to comply with Utah law," he said. "Obviously, they're not admitting that they engaged in violating any Utah laws."
Layton Mayor Steve Curtis would not comment on whether the city hopes to declare Spencer's a sexually oriented business, or SOB, under its municipal code, saying the investigation is ongoing.
That code, enacted in 1998 and replicated in other Utah cities, states novelty stores and other types of businesses that reap more than 20 percent of their gross receipts from sexual items must comply with the sexually oriented business code.
Sexually oriented businesses, in Curtis' words, are allowed to exist only in an "industrial park setting rather than a retail establishment."
When the ordinance was passed, city leaders said the zoning law would be as strict as possible to discourage sexually oriented businesses in Layton, but open enough to avoid lawsuits.
The city currently has no sexually oriented business-license holders.
At the time of its passage, less than 1 percent of Layton's total land area was open to most sexually oriented businesses and slightly more than 1.5 percent to escort services.
Utah law has a three-pronged definition of "harmful to minors" that is based on the U.S. Supreme Court's free speech "Miller Test." The state law says items are harmful to minors if: items appeal to the prurient interests of minors; items are "patently offensive" to the standards of the adult community as they apply to minors; and items do not have "serious value" for minors.
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Parenting is a very hard job. It seems that many comments have been posted that assume we can keep an eye on our children all of the time. It's not a good idea to micro-manage your teenagers. I teach them about decency and dignity, but the local mall should not be a place where crude sexual merchandise is readily visible and accessible for minors.
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