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§ 2-9-1-12  EXCEPTIONS.
   A price increase otherwise barred by § 2-9-1-11 is not unlawful if that person can prove by a preponderance of the evidence that the increase in price is no more than 20% greater than the total of the cost to such person selling, plus the markup  customarily  applied by  such person selling that good or service in the usual course of business, immediately prior to the first state of emergency declaration:
   (A)   And was directly attributable to:
      (1)   Additional costs imposed on it by the supply chain;
      (2)   Additional costs for labor and materials used to provide the services;
      (3)   Another market force over which the person does not exercise control; or
      (4)   Any combination thereof; or
   (B)   The City Economist or their designee documents their finding that, for reasons of public health, safety, or welfare, it is in the best interests of the City of Albuquerque and its residents to pay the price currently offered by the seller.
(Ord. 2020-020)