For the purpose of §§ 9-1-4-1 et seq., the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BATH SALTS. The substance defined by NMSA 1978 § 30-31-6(C)(20)-(25) and the addition of substances by state regulation, including, but not limited to, 16.19.20 NMAC, Section 65 as amended from time to time.
BUSINESS. The premises, whether it be a main business location or an outlet, branch or other location thereof, temporary or otherwise, to which the public is expressly or impliedly invited for the purpose of transacting business. The term "business" includes the sales persons on site.
BUSINESS DAY. Regular business hours Monday through Friday. The day the business receives a cease and desist order and notice of violation does not count as a business day. If the business has irregular hours or the hours are not posted, a business day shall be the next two full 24-hour weekdays after receipt of a cease and desist order and notice of violation.
BUSINESS OPERATOR. The person or persons on site at the business in actual or apparent control of the business during business hours.
BUSINESS REGISTRATION. The privilege to register to do business and the registration of a business under §§ 13-1-1 et seq. ROA 1994.
CEASE AND DESIST ORDER AND NOTICE OF VIOLATION. Documentation delivered to the business operator ordering the business closed for inspection and testing.
FINAL CEASE AND DESIST ORDER AND NOTICE OF VIOLATION. A Cease and Desist Order and Notice of Violation that was not appealed or was affirmed by a hearing officer or court.
MAYOR. The Mayor of the City of Albuquerque or any person with authority from the Mayor to enforce the Synthetic Intoxicant Ordinance. The term includes,
without limitation, the Mayor's agents under § 1-1-98(B)(2)(a), and any city employee authorized by law to commence a criminal action in the Metropolitan Court.
PERSON. An individual, proprietorship, partnership, corporation, association, or other legal entity.
POLICE OFFICER. A sworn member of the Albuquerque Police Department, the Bernalillo County Sheriff's Office or the New Mexico State Police.
SALES PERSON. Any agent or independent contractor of the business employed or engaged to transact business with the public on the premises.
SPICE. A synthetic cannabinoid as defined by NMSA 1978, § 30-31-6 (2011), or substances added to the definition of a synthetic cannabinoid by state regulation, including, but not limited to, 16.19.20 NMAC, Section 65 as amended from time to time.
SYNTHETIC INTOXICANT. Bath salts or spice.
TRANSFER OF OWNERSHIP OR CONTROL of a business.
(1) The sale, lease, or sublease of the business;
(2) The transfer of securities that constitute a controlling interest in the business, whether by sale, exchange, or similar means; or
(3) The establishment of a trust, gift, or other similar legal device that transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.