§ 17-10-030. Definitions.

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 (2) full twenty-four-hour week days 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.

Cease and desist order and notice of violation. Documentation delivered to the business operator ordering the business closed for inspection and testing. The cease and desist order and notice of violation shall provide notice that a hearing must be requested within ten (10) business days of receipt and that hearing rights shall be terminated if a hearing is not promptly requested. The cease and desist order and notice of violation shall provide information on how and where a hearing may be requested, including a contact address and phone number.

Enforcement officer. Enforcement officer shall mean any officer or employee with the authority to enforce the City of Alamogordo Municipal Code. This includes city public safety officers.

Person. An individual, proprietorship, partnership, corporation, association, or other legal entity.

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, or the location from which business is solicited.

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) as amended from time to time.

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.

(Ord. No. 1422, § 1, 8-14-12)