Laws, Regulations & Annotations

Business Taxes Law Guide – Revision 2013
 

Alcoholic Beverage Tax Law

CHAPTER 7. COLLECTION OF TAX.

Article 3. Seizure and Sale

Section 32372

32372. Notice of sale. Notice of the sale, and the time and place thereof, shall be given to the delinquent taxpayer and to all persons who have an interest of record in the property at least 20 days before the date set for the sale in the following manner:

The notice shall be personally served or enclosed in an envelope addressed to the taxpayer or other person at his or her last known residence or place of business in this state. The notice shall be published pursuant to Section 6063 of the Government Code in a newspaper of general circulation published in the city in which the property or a part thereof is situated if any part thereof is situated in a city or, if not, in a newspaper of general circulation published in the county in which the property or a part thereof is located. Notice shall also be posted in both of the following manners:

(a) One public place in the city in which the interest in property is to be sold if it is to be sold in a city or, if not to be sold in a city, one public place in the county in which the interest in the property is to be sold.

(b) One conspicuous place on the property.

The notice shall contain a description of the property to be sold, a statement of the amount due, including taxes, interest, penalties, and costs, the name of the taxpayer, and the further statement that unless the amount due is paid on or before the time fixed in the notice for the sale, the property, or so much thereof as may be necessary, will be sold in accordance with law and the notice.

History.—Stats. 1957, p. 1047, in effect September 11, 1957, substituted "pursuant to Section 6062 of the Government Code" for "for at least 10 days before the date set for the sale in a newspaper of general circulation published" in second sentence. Stats. 1990, Ch. 1528, in effect January 1, 1991, deleted "Written" before "Notice", "intended" before "sale, and", substituted "who" for "appearing of record to", added "of record" after "interest", substituted "20" for "10" and "in the following manner: The notice shall be personally served or enclosed" for "by enclosing the notice", added "or other person" and "or her", and deleted "as appears upon the records of the board, if any, and depositing it in the United States registered mail, postage prepaid." after "state" in the first sentence; deleted "also" before "be published", substituted "6063" for "6062", substituted "a newspaper of general circulation published in the city" for "the county" deleted "seized is to be sold" before "a newspaper", and added "or a part thereof is situated if any part thereof is situated in a city or, if not", substituted "a" for "If there is no" combining sentence two with former sentence three, added "published" after circulation", added "in which the property or a part thereof is located. Notice shall also be posted in both of the following manners:", added subdivisions (a) and (b), created new paragraph with the former last sentence; substituted "due, including" for "of the" after "amount", added "interest" after "taxes"; substituted "amount due is" for "taxes, penalties, and costs are" in the former last sentence.