N.M. Stat. § 24-16-17
Violations.
It is unlawful for a person who owns, manages, operates or otherwise controls the
use of premises subject to regulation under the Dee Johnson Clean Indoor Air Act to
violate its provisions. The owner, manager or operator of premises subject to regulation
under the Dee Johnson Clean Indoor Air Act shall not be subject to a penalty if a person
on the premises is in violation of the Dee Johnson Clean Indoor Air Act as long as the
owner, manager or operator has posted signs, implemented the appropriate policy and
informed the person that the person is in violation of the Dee Johnson Clean Indoor Air
Act.