6361
. (a) Any organization listed or described in subdivision (b)
is a consumer and shall not be considered a retailer within the
provisions of this part, of food products, nonalcoholic beverages, or
other tangible personal property made or produced by members of the
organization provided, however, that the organization's sales are
made on an irregular or intermittent basis, and that the organization'
s profits from those sales are used exclusively in furtherance of the
purposes of the organization.
(b) For purposes of this section, "organization" includes any of
the following:
(1) Any nonprofit organization which meets all of the following
conditions:
(A) The organization qualifies for tax-exempt status under Section
501(c) of the Internal Revenue Code.
(B) The organization's primary purpose is to provide a supervised
program of competitive sports for youth, or to promote good
citizenship in youth.
(C) The organization does not discriminate on the basis of race,
sex, nationality, or religion.
(2) (A) Any youth group sponsored by or affiliated with a
qualified educational institution, including, but not limited to, any
student activity club, athletic group, or musical group.
(B) For purposes of this section, "qualified educational
institution" means any of the following:
(i) Any public elementary, secondary, or vocational-technical
school providing education for kindergarten, grades 1 to 12,
inclusive, and college undergraduate programs, or any part thereof,
operated by state or local government.
(ii) Any nonprofit private educational institution providing
education for kindergarten, grades 1 to 12, inclusive, and college
undergraduate programs, or any part thereof, that meets the
requirements of the State Department of Education for a school.
"Private educational institution" means any entity providing
education which satisfies the requirements of state and local laws
pertaining to private educational institutions in effect on January
1, 1990, and which does not discriminate on the basis of race, sex,
nationality, or religion.
(3) Little League, Bobby Sox, Boy Scouts, Cub Scouts, Girl Scouts,
Campfire, Inc., Young Men's Christian Association, Young Women's
Christian Association, Future Farmers of America, Future Homemakers
of America, 4-H Clubs, Distributive Education Clubs of America,
Future Business Leaders of America, Vocational Industrial Clubs of
America, Collegiate Young Farmers, Boys' Clubs, Girls' Clubs, Special
Olympics, Inc., American Youth Soccer Organization, California Youth
Soccer Association, North, California Youth Soccer Association,
South, and Pop Warner football.
(c) For purposes of this section, "irregular or intermittent"
means associated directly with a particular event, such as fairs,
galas, parades, scout-a-ramas, games, and similar activities. That
term includes refreshment stands or booths that are utilized at
scheduled events of organized leagues, but does not include
storefront or mobile retail outlets which ordinarily require local
business licenses.