N.M. Stat. § 5-13A-10
Collection of delinquencies.
A. A local governing body shall by ordinance provide that a vendor is liable for the
payment of the proceeds of sports and recreation facility fees that the vendor failed to
remit to the local governing body. Failure of the vendor to collect the fee is not cause for
the local governing body to forgive sports and recreation facility fees due and owed by
the vendor. The ordinance shall provide for a civil penalty for each occurrence of failure
to remit sports and recreation facility fees in the amount due. The civil penalty shall be
an amount equal to the greater of ten percent of the amount that was not duly remitted
to the local governing body or one hundred dollars ($100).
B. The local governing body may bring an action in the district court of the judicial
district in which the qualified municipality is located for collection of amounts due,
including, without limitation, interest on the amounts due on the unpaid principal at a
rate not exceeding one percent per month, the costs of collection and reasonable
attorney fees incurred in connection with the court action to collect the delinquent sports
and recreation facility fees.