(A) If the Mayor or a police officer has probable cause to believe a violation has occurred, the Mayor or the police officer shall obtain a sample of the substance believed to be a synthetic intoxicant. The sample shall be tested by methods commonly utilized by law enforcement labs to determine whether a substance is a synthetic intoxicant. If the test determines that the substance is a synthetic intoxicant, the Mayor or the police officer shall issue and deliver a Cease and Desist Order and Notice of Violation upon the business operator and seize the entire inventory of the synthetic intoxicant from the business. The Cease and Desist Order and Notice of Violation shall be filed with the City Clerk. When the Cease and Desist Order and Notice of Violation is delivered to the business, if the Mayor or a police officer has probable cause to believe that the synthetic intoxicant has been relabeled, repackaged or incorporated into other substances, those substances shall also be seized and tested. If the test is negative, the inventory shall be returned to the business. The transfer of ownership or control of the business does not avoid the seizure authorized by this paragraph.
(B) Upon receipt of the Cease and Desist Order and Notice of Violation by the business operator, the business shall immediately allow and not interfere with the seizure of the inventory which is a synthetic intoxicant or is reasonably believed to be a synthetic intoxicant that has been relabeled, repackaged or incorporated into other substances. Any interference with the seizure is a violation of the Synthetic Intoxicant Ordinance punishable pursuant to § 1-1-99 ROA, 1994.
(C) If a business is assessed a second Final Cease and Desist Order and Notice of Violation within five years of a first Final Cease and Desist Order and Notice of Violation, the business shall close and cease transacting business for three business days after the second Final Cease and Desist Order and Notice of Violation is assessed. During the three day closure, the Mayor or a police officer, in cooperation with other agencies if required, shall inspect the premises, find and seize any remaining synthetic intoxicants or precursor chemicals or materials on site. The transfer of ownership or control of the business does not avoid the process authorized by this paragraph. No inventory, merchandise, personal property, chattel property or other property shall be received by or taken off the business premises during closure unless authorized by a police officer or the Mayor.
(D) If a business is assessed a third Final Cease and Desist Order and Notice of Violation within five years of a second Final Cease and Desist Order and Notice of Violation, the business shall cease conducting business in the city and will be barred from business registration for a period of one year from the date the third Final Cease and Desist Order and Notice of Violation is assessed. The transfer of ownership or control of the business does not avoid the operation of this paragraph.
(E) The City of Albuquerque shall have the authority to seek an injunction to compel compliance with the Synthetic Intoxicant Ordinance on grounds that the business is causing irreparable harm to the community by distributing synthetic intoxicants.