For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AMUSEMENT HALL. Any arcade, building or premises having as its primary business the providing of mechanical or electronic amusement devices, including, but not limited to, the following: pinball machines, electronic or video games of skill or chance, claw or scoop machines, jukeboxes or coin-operated table games. Pool rooms and billiard parlors not having more than three mechanical or electronic amusement devices shall not be defined as an AMUSEMENT HALL for the purposes of this subchapter.
BUSINESS. Any profession, trade or occupation and all and every kind of calling, whether or not carried on for profit, except those organizations exempt from the federal income tax pursuant to I.R.C. § 501(c)(3), as amended or renumbered; provided, however, the term BUSINESS shall include the phrase UNRELATED TRADE OR BUSINESS of such organizations, as the latter term is defined in I.R.C. § 513, as amended or renumbered.
COMMUNITY-WIDE EVENT. A community celebration which, by longstanding custom or by mayoral proclamation, is characterized by outdoor and indoor retail special sales throughout the community. It includes, but is not limited to, Freedom Days, the Totah Festival and the Balloon Rally.
CONDUCT and CARRY ON. Engage in, carry on, own, maintain, manage or operate any business, trade, art, profession, calling, employment, occupation or any commercial, industrial or professional pursuit, vocation or enterprise in this city.
EXTENDED HOURS OF OPERATION. The period of time from 12:00 a.m. until 6:00 a.m.
GARAGE SALE or YARD SALE. A general sale open to the public conducted from or on a residential premises in any residential district, or from a temporarily arranged site elsewhere within the city, for the purpose of disposing of personal property.
KIDDIE RIDE CARNIVAL AND EXHIBITS. Any carnival and exhibits consisting exclusively of rides and exhibits for children with no amusement devices other than such rides and with no games of chance or skill and not operating past the hour of 10:00 p.m.
OUTDOOR SPECIAL EVENT. A temporary sales event of not more than three days by an individual business or group of businesses held outdoors and adjacent to the building from which the sales are normally conducted. The term includes, but is not limited to, tent sales, parking lot sales or outdoor clearance sales.
PLACE OF BUSINESS. Any location, building or portion thereof or premises in which or from which a business is carried on. The term includes, but is not limited to, an office, warehouse, yard, location where books and records are kept and the location from which business is solicited.
RUMMAGE SALE. The sale of used goods and hand-crafted goods donated to or by a church, school or fraternal organization or preschool exempt from taxation as nonprofit, conducted on the premises of the entity involved.
SIDEWALK SALE. A sale which is conducted not more than two times per year adjacent to the business building from which the sale is conducted, limited to three days in duration and capable of being conducted without undue disruption of pedestrian or vehicular traffic.
SPECIAL EVENT. An event for business or community promotion sponsored by one or more businesses or organizations for a period not to exceed one week, where the promoter provides adequate parking, private patrol officers or police protection and a list of participants to the City Clerk. The term includes arts and crafts fairs; producers’ or farmers’ markets and the like; and outdoor sales at community-wide events. The term does not include outdoor special events or sidewalk sales, as defined in this section.
TEMPORARY OUTSIDE DISPLAY AND SALE. The display or sale of goods or merchandise not in or from an enclosed permanent building to be conducted for a period of five days or less.
(Ord. 2010-016, passed 11-18-2010)
Statutory reference:
Authorization for business registration, see NMSA § 3-38-3