N.M. Stat. § 3-38A-10
Penalties; criminal. (Repealed effective July 1, 2028.)
A. It is a violation of the municipal ordinance imposing a hospitality fee and
providing for collection and administration of the fee pursuant to the Hospitality Fee Act
for any proprietor subject to the fee to fail to pay the hospitality fee, to fail to remit the
proceeds of the fee to the municipality or to fail to account properly for a tourist
accommodation and the proceeds of the fee pertaining to the accommodation.
B. The governing body of the municipality shall provide by ordinance that a violation
of an ordinance imposing and providing for collection and enforcement of the hospitality
fee pursuant to the Hospitality Fee Act is a misdemeanor subject to a fine of not more
than five hundred dollars ($500) or imprisonment for not more than ninety days, or both.