The following definitions apply throughout this chapter and supplement the definitions provided in the New Mexico Cannabis Regulation Act, as amended:
ADJACENT GROUNDS: | All areas that the licensee has an exclusive right to possess by virtue of his ownership or lease, which are outside the enclosed licensed premises, but adjacent and contiguous to the licensed premises, including but not limited to porches, patios, decks, entryways, lawns, parking lots, and similar areas and all fixed and portable things in those areas, including but not limited to lights, signs, speakers, and security devices. |
APPROVE A BUSINESS LICENSE: | To find that the requirements for a license have been met, but does not give the applicant the right to operate a marijuana establishment in the Village until the license is issued. This standard applies even where the applicant has already obtained a State of New Mexico marijuana license. |
CHARACTER AND RECORD: | Includes all aspects of a person's character and record, including but not limited to moral character, criminal record, serious traffic offenses, record of previous sanctions against liquor licenses, gambling licenses, or marijuana licenses, which the person owned, in whole or in part, or in which the person served as a principal, manager, or employee; education, training, experience, civil judgments, truthfulness, honesty, and financial responsibility. |
COMPLAINT: | A document filed with the Village seeking sanctions against a marijuana business license. |
CONTIGUOUS: | Located within the same building as the marijuana establishment, located in a separate building on the same parcel of land as the marijuana establishment, or located in a separate building on a separate parcel of land that is adjacent to and shares at least fifty percent (50%) of a common lot line with the lot on which the marijuana establishment is located. |
EMPLOYEE: | The licensee's or proposed licensee's employees. |
HARM or HARMFUL TO PUBLIC HEALTH, SAFETY OR WELFARE: | Any matter that adversely affects the health, safety, or welfare of any person or group of persons within the Village or any adjacent community, including but not limited to matters related to crime, lighting, security, traffic, graffiti, litter, parking, and noise. A showing of actual harm shall not be required and a showing of potential or threatened harm shall be sufficient. Any violation of any criminal statute or ordinance is per se substantially harmful to public health, safety, and welfare, without any showing of actual or threatened harm. The mere possession, advertising, sale, cultivation, processing, smoking, or ingestion of marijuana or marijuana infused products, when performed lawfully, shall not in itself be considered harmful to public health, safety, and welfare. |
IN PUBLIC: | Any area that the public may generally enter, including any business open to the public. The term includes the licensed premises and the adjacent grounds if the marijuana establishment has not also obtained a consumption license from the State of New Mexico. The term includes persons in motor vehicles located in a public place. It also includes property owned or leased by the village, state or Federal government. |
ISSUE A BUSINESS LICENSE: | To finalize the Village's local license after a previous approval of the license, and may or may not occur after approval of the license, depending on any completions, inspections, approvals, or conditions that the Village may require to be satisfied before issuance. Issuance gives the licensee the ability to operate a marijuana facility, provided that the licensee also obtains a valid State of New Mexico license. |
LICENSE: | Under this chapter means a local business license issued by the Village of Hatch for the sale, production, manufacturing, cultivation, or distribution of marijuana or marijuana infused products. |
LICENSEE: | The person or entity holding a local Village marijuana business license under this chapter. |
LICENSED PREMISES: | The area inside a building in which the cultivation, manufacture, processing, infusion, possession, weighing, display, packaging, sale, and exchange of marijuana and marijuana infused products is licensed under this chapter. |
MARIJUANA: | Except where the context clearly indicates otherwise, means growing marijuana plants, harvested marijuana in any state, and marijuana infused products of all kinds, including for medical use. For the purpose of this chapter, the term marijuana and medical marijuana are interchangeable. |
MARIJUANA ESTABLISHMENT: | An entity licensed by the Village pursuant to this chapter and may include any of the following: A. A single retail location where the licensee may sell marijuana and marijuana infused products to consumers, including edibles. It includes both recreational and medical marijuana. B. An offsite manufacturing and production facility at which the licensee may manufacture and produce marijuana and marijuana infused products, which are not sold on location but are sold or transferred to consumers at other locations. It includes both recreational and medical marijuana. C. A cultivation facility at which the licensee may grow or cultivate marijuana and marijuana infused products, which are not sold on location but are sold or transferred to consumers at other locations. It includes both recreational and medical marijuana. |
D. A combined retail, production, and manufacturing location where the licensee may produce and manufacture marijuana and marijuana infused products, including edibles, and also sell these products to consumers at the same location. It includes both recreational and medical marijuana. E. A combined retail, production, manufacturing and cultivation/growing location, where the licensee may cultivate and grow marijuana, produce and manufacture marijuana, including marijuana infused products and edibles, and also sell these products to consumers at the same location. It includes both recreational and medical marijuana. | |
MARIJUANA LICENSE: | Any of the licenses described in this chapter, as amended. |
OPERATE or OPERATION: | The matters described in this chapter, as amended. |
PERSON: | Any natural person and any entity. |
PRINCIPAL: | A. In the case of any entity, including any general or limited partnership, corporation, limited liability company, or other entity: any person who has a five percent (5%) or greater interest in the ownership of the entity, and any person who has the day-to-day authority to or actually does manage the entity's finances. B. In the case of a corporation: the persons described as a representative or applicant for any entity and the president, vice president, secretary, chief executive officer, chief financial officer, and any person who holds five percent (5%) or more of the capital stock of the corporation. C. In the case of a limited liability company: the persons described as a representative or applicant for any entity and any member of the limited liability company. D. In the case of a sole proprietorship, the individual owner. |
PUBLIC PROPERTY: | Property that is occupied, owned, controlled or operated by the Federal, state, or village government. (Ord. 415, 12-14-2021) |