Upon the declaration of a state of emergency by the federal government, the Governor of New Mexico, or the Mayor of the City of Albuquerque, or any extension thereof, and for a period of 30 days following the last date of termination of any such declared state of emergency, it is unlawful for any person to sell or offer to sell any consumer good, or provide any service, including, but not limited to, food items or goods, goods or services used for emergency cleanup, emergency supplies, medicine, medical supplies, sanitation supplies, personal hygiene products, home heating oil, firewood, heating or cooling device or related energy source material, building materials, radios and other communication devices, batteries, generators, housing, transportation, freight, storage services, gasoline, or other motor fuels:
(A) For a price of more than 20% greater than the price charged by that person for those goods or services immediately prior to the first declaration of emergency; or
(B) If the person did not sell such goods or provide such services within the 60-day period immediately preceding the date of the first declaration of emergency, for a price of more than 20% greater than the average price in the local Albuquerque market immediately prior to the first declaration of emergency.