Section 6073 Of Article 2. Permits From California Revenue And Taxation Code >> Division 2. >> Part 1. >> Chapter 2. >> Article 2.
6073
. (a) (1) When the board determines it is necessary for the
efficient administration of this part, the board may require the
operator of a swap meet, flea market, or special event as a
prerequisite to renting or leasing space on the premises owned or
controlled by that operator to a person desiring to engage in or
conduct business as a seller, to obtain written evidence that the
seller is the holder of a valid seller's permit issued pursuant to
Section 6067, or a written statement from the seller that he or she
is not offering for sale any item that is taxable under this part or
is otherwise not required to hold a valid seller's permit.
(2) In providing the board with documentation required by the
board pursuant to paragraph (1), an operator of a swap meet, flea
market, or special event may require each person desiring to engage
in or conduct business as a seller at that swap meet, flea market, or
special event to provide his or her driver's license number to the
operator on a form authorized by the board or under Section 6073.1.
(b) At any time as the board may specify in a written notice, but
in no case more than three times in a calendar year, the board may
require an operator to submit to the board a list of vendors
conducting business on their premises as a seller. Each listing shall
be provided to the board within 30 days after the date of the board'
s notice. The list shall contain the name and seller's permit number
for permitholders and the name, address, and driver's license number
for vendors who do not have seller's permits. Records shall be
retained to the same extent as all transactions involving sales or
use tax liability as provided in Section 7053.
(c) "Swap meet, flea market, or special event," as used in this
section, means an activity involving a series of sales sufficient in
number, scope, and character to constitute a regular course of
business, or any event at which two or more persons offer tangible
personal property for sale or exchange and at which a fee is charged
for the privilege of displaying the property for sale or exchange or
at which a fee is charged to prospective buyers for admission to the
area where the property is offered or displayed for sale or exchange.
(d) Any operator of a swap meet, flea market, or special event who
fails or refuses to comply with this section is subject to a penalty
not exceeding one thousand dollars ($1,000) for each offense.