A. An action to enforce the Lodgers' Tax Act [3-38-13 to 3-38-25 NMSA 1978] may be brought by:
(1) the attorney general or the district attorney in the county of jurisdiction; or
(2) a vendor who is collecting the proceeds of an occupancy tax in the county of jurisdiction.
B. A district court may issue a writ of mandamus or order an injunction or other appropriate remedy to enforce the provisions of the Lodgers' Tax Act.
C. The court shall award costs and reasonable attorneys' fees to the prevailing party in a court action to enforce the provisions of the Lodgers' Tax Act.
History: Laws 1996, ch. 58, § 6.
Effective dates. — Laws 1996, ch. 58, § 12 made the act effective July 1, 1996.
Structure New Mexico Statutes
Article 38 - Licenses and Taxes
Section 3-38-1 - Licensing; business activities.
Section 3-38-2 - Denial or revocation of license; hearing.
Section 3-38-3 - Authorization for business registration fee.
Section 3-38-5 - Collection; enforcement.
Section 3-38-7 to 3-38-10 - Repealed.
Section 3-38-13 - Short title.
Section 3-38-14 - Definitions.
Section 3-38-15 - Authorization of tax; limitations on use of proceeds.
Section 3-38-17 - Collection of taxes.
Section 3-38-17.1 - Audit of vendors.
Section 3-38-17.2 - Financial reporting.
Section 3-38-17.3 - Enforcement.
Section 3-38-18 - Collection of delinquencies.
Section 3-38-18.1 - Lien for occupancy tax; payment; certificate of liens.
Section 3-38-20 - Ordinance requirements.
Section 3-38-21 - Eligible uses of tax proceeds.
Section 3-38-21.1 - Contracting for services.
Section 3-38-22 - Advisory boards created; duties.
Section 3-38-23 - Revenue bonds.