Section 6074 Of Article 2. Permits From California Revenue And Taxation Code >> Division 2. >> Part 1. >> Chapter 2. >> Article 2.
6074
. (a) When the board determines it is necessary for the
efficient administration of this part, the board may, by written
notice, require any person making sales to operators of catering
trucks, operated out of that person's facility pursuant to Section
114295 of the Health and Safety Code, who resell the property in the
regular course of his or her business, to obtain evidence that the
operator is the holder of a valid seller's permit issued pursuant to
Section 6067.
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 a person making sales to operators of catering trucks to
submit to the board a listing of operators of catering trucks who
purchase goods from that person. Each listing shall be provided to
the board within 30 days after the date of the board's notice, and
shall include the name and seller's permit number on file of each
operator, or, for those operators who do not provide evidence of a
valid seller's permit, the operator's name, address, and telephone
number.
The board may also, by written notice, require a person making
sales to operators of catering trucks to promptly notify the board if
a newly purchasing operator does not provide to the person, within
30 days of the date of the first purchase, evidence of a valid seller'
s permit.
Persons required by written notice of the board to obtain
evidence, or provide a listing or notification, who fail to comply,
may be subject to a penalty not to exceed five hundred dollars ($500)
for each failure.
(b) Persons making sales to operators of catering trucks who do
not have valid seller's permits or whose permits have been revoked
shall report and pay the tax on property as if the property were sold
at retail at the time of the sale. Nothing in this section shall
relieve any operator of a catering truck of his or her obligations as
a seller under this part.
(c) If the board finds that a person's failure to comply with this
section is due to reasonable cause and circumstances beyond the
person's control, and occurred notwithstanding the exercise of
ordinary care and the absence of willful neglect, the person may be
relieved of the penalty imposed by this section.
Any person seeking to be relieved of the penalty shall file with
the board a statement under penalty of perjury setting forth the
facts upon which he or she bases his or her claim for relief.