[Adopted as Ch. 5, Art. 3, of the 1972 City Code; amended 12-8-2021 by Ord. No. 21-18; 10-11-2023 by Ord. No. 23-08]
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT BUSINESS
A business as described in §§ 160-26 and 160-27.
ENGAGING IN BUSINESS
Persons operating, conducting, doing, carrying on, causing to be carried on, or pursuing any business, profession, occupation, trade, pursuit or activity for the purpose of profit and who are required to obtain a New Mexico taxpayer identification number.
PERSON
Any individual, estate, trust, receiver, cooperative association, club, corporation, company, firm, partnership, joint venture, syndicate or other entity engaging in a business, profession, occupation, trade, pursuit or commercial activity.
PLACE OF BUSINESS
The premises within the City, whether it be a personal residence, main business location or an outlet, branch or other location thereof, temporary or otherwise, where a person is engaging in business. In the event there is no location, but the business is transacted or the service provided in the location of the buyer, then the general sales area within the City shall be considered a place of business. Unless a construction contractor has at least one permanent location within the City, place of business includes a construction site, located in the City.
SEPARATE BUSINESS
A business located or conducted at the same address as another registered business, whether or not owned by the same person, that is additional to and different from the other registered business. A business will be considered a separate business if it has a different name and it is not so related to the other business as to be a component part of the other business.
A. 
No business registration fee shall be imposed on any business which is licensed under Article II of Chapter 160, or which is exempted pursuant to NMSA § 3-38-1 et seq., as amended.
B. 
There is imposed on each place of business conducted in the City a business registration fee for each calendar year. The fee of $35 is imposed pursuant to NMSA § 3-38-3 as it now exists or is amended and shall be known as the "business registration fee." The business registration fee shall be for a full twelve-month period, but may not be prorated for business conducted for a portion of the year. Upon issuance, the business registration certificate shall be displayed within the business premises for viewing.
C. 
There is imposed on each entity engaging in adult business or licensed by the New Mexico Cannabis Control Division ("CCD") in the City a cannabis/adult business registration fee for each calendar year. The fee of $350 is imposed and shall be known as the "cannabis business registration fee." The cannabis business registration fee shall be for a full twelve-month period, but may not be prorated for business conducted for a portion of the year. Each entity licensed by the CCD, after obtaining said licensure, as a provisional license letter from the CCD shall not be sufficient, shall obtain a City cannabis business license annually per calendar year, including the additional fee for the appropriate license acquired by the CCD for each cannabis establishment location, commercial cannabis activity location or cannabis consumption area within the City limits, which shall be as follows, with the City retaining the right to incorporate additional fees from time to time:
(1) 
Courier: $60 first year, then $30 annually.
(2) 
Testing laboratory $250 first year, then $100 annually.
(3) 
Manufacturer $250 first year, then $100 annually.
(4) 
Producer $275 first year, then $150 annually.
(5) 
Retailer $300 first year, then $150 annually.
(6) 
Research laboratory $250 first year, then $100 annually.
(7) 
Vertically integrated cannabis establishment $750 first year, then $100 annually.
(8) 
Cannabis producer micro business $50 for 100 plants of less first year then $50 annually, or $100 for 101 plants to 250 plants first year, then $100 annually.
(9) 
Integrated cannabis micro business (activity based) $250 first year, then $100 annually.
(10) 
Cannabis consumption area: $350 first year, then $350 annually.
D. 
Upon issuance, the cannabis business registration shall be displayed within the cannabis business premises for viewing. The applicant for a cannabis business registration, its principals, registered manager, and all employees must be at least 21 years of age, meet all requirements under New Mexico law, and hold valid licenses and registrations as required by the State of New Mexico, including all applicable cannabis licenses.
E. 
The City, as the local business registration, and cannabis business registration, authority, shall have the power and authority to: (i) issue, deny or revoke a City business registration, or cannabis business registration, and renewals of the same, and where necessary, to conduct public hearings related thereto; (ii) impose any sanctions on any business registration or cannabis business registration, including revocation, upon its own authority and initiation, or in response to a complaint by any person for any violation by the licensee after investigation and a public hearing; (iii) adopt forms, fees, and submission requirements for a City business registration and cannabis business registration.
A. 
Any person proposing to engage in business within the City limits shall apply to the City and pay a business registration fee as stipulated for each place of business within the City limits, prior to engaging in business.
B. 
Any person filing an application for issuance of a business registration shall include in the application the current taxpayer identification number, issued by the New Mexico Taxation and Revenue Department, and any other lawful information required by the City, including without limitation the disclosure of handling of hazardous, special materials, toxic or radioactive materials, or disclosure of whether the business is engaged in cultivating, processing, producing, manufacturing or sales of cannabis, or goods and services derived from cannabis. For each business engaged in any of the aforementioned matters, along with its application, such business shall submit: (i) a description of the type of products to be cultivated, processed, produced, manufactured or sold; (ii) the equipment to be used, including a list of any solvents, gases, chemicals or other compounds that will be used, kept or created in the course of business, including the location of such materials and how such materials will be stored; (iii) the projected amount of electricity to be used on a monthly basis and a list of equipment which will use such electricity, including the source of all electricity, and a letter from the applicable electric utility stating that the power capacity at the proposed location is sufficient for the intended use; (iv) the projected amount of water to be used on a monthly basis and a description of what the water will be used for, including the source of all water used by the business, and a letter from the applicable water utility stating the water capacity at the proposed location is sufficient for the intended use; (v) the projected amount of wastewater to be produced on a monthly basis and a description of what solvents, chemicals, compounds or other elements may be included in the wastewater, including how and where the wastewater will be disposed of, a wastewater disposal plan, and a letter from the applicable wastewater utility stating that the wastewater capacity at the proposed location is sufficient for the intended use; (vi) an odor control plan indicating how the applicant intends to comply with the requirements of City and state laws and regulations; (vii) a security plan indicating how the applicant will comply with the requirements of City and state law and regulations; (viii) a site plan to scale and dimensioned, depicting the building footprint, parking areas, vehicle circulation and driveways, pedestrian facilities, lighting, landscaping, loading facilities, freestanding sign locations, snow removal strategy, trash receptacle location and fences; (ix) all cannabis-related businesses that handle or produce water contaminated by cannabis and cannabis products shall submit a water reclamation plan to ensure water within the City is not contaminated; and (x) a letter of authorization with original signatures from the owner(s) of the subject property stating their agreement with the intended use of the property.
C. 
The City shall not issue a business registration authorizing the conduct of commercial activity to any person or entity whose records reflect any unresolved noncompliance with the business registration provisions or any other City ordinances or regulations. No rights, benefits, permits, approvals or other such items contained in this Chapter 160 shall be transferred, conveyed or assigned to any other entity or location.
A. 
Before the expiration of the business registration or cannabis/adult business registration, any person or entity with a place of business in the City and subject to this subchapter shall apply to renew the business registration and shall pay an annual fee of $35 to the City for each business registration and $350 for each cannabis/adult business registration.
B. 
The City shall not issue a renewal for the conduct of commercial activity to any person or entity whose records reflect any unresolved noncompliance with the business registration provisions or any other City ordinances or regulations.
C. 
Compliance with this Chapter 160 shall not exempt any business from compliance with all other applicable provisions of the City ordinances and regulation.
D. 
If any business is conducted in violation of this Article I of Chapter 160, the City may institute appropriate legal action brought to prevent the conduct of business or to restrain, correct or abate the violation. Any person who has not paid the registration fee for issuance or renewal by the deadline date shall be sent a notice of violation, ordering appearance before the City Clerk within 30 days from date notice is mailed, to show cause why the City should not initiate proceedings under this Article I of Chapter 160. Upon the City finding evidence of a violation of this section, the City may set a hearing before the Governing body to consider revocation or any other appropriate action. At such hearing, the governing body will make findings as to the reason(s) for revoking the registration or allowing it to remain in place with conditions. Revocation requires the business to immediate cease any and all commercial activity. The City, in its sole discretion, may fine a business for violation of this section, up to $300 for each separate violation, with cumulative fines for each day a violation continues.
E. 
The governing body hereby declares and determines that the licensing and regulation of certain businesses would be conducive to the promotion and protection of the health and general welfare of the City. The fees imposed in this section upon businesses which are hereby determined to affect the health and general welfare of the City shall bear a reasonable relation to the actual costs of the City in regulating each place of business named herein.