(a) If a transient vendor conducting business within this state fails to exhibit a valid business registration certificate upon demand by an authorized employee of the Tax Commissioner, such employee or any peace officer of this state at the request of such employee shall have authority to seize, without warrant, the tangible personal property and automobile, truck or other means of transportation used to transport or carry that property. All property seized shall be deemed contraband and shall be subject to immediate forfeiture proceedings instituted by the Tax Commissioner under procedures adopted by regulation, except as otherwise provided by this section.
(b) Property seized under subsection (a) shall be released upon:
(1) Presentation of a valid business registration certificate to an authorized employee of the Tax Commissioner; or
(2) Registration by the transient vendor with the Tax Commissioner and the posting of a bond in the amount of $500, either immediately or within fifteen days after the property is seized.
Structure West Virginia Code
Article 12. Business Registration Tax
§11-12-10. Collection of Back Taxes; Notice of Discontinuance of Business
§11-12-16. Disposition of Money Collected
§11-12-17. Severability of Provisions
§11-12-18. General Procedure and Administration
§11-12-20. Registration of Transient Vendors
§11-12-21. Bond of Transient Vendors
§11-12-22. Notification to Department
§11-12-23. Revocation of Certificate of Transient Merchant
§11-12-24. Seizure of Property of Transient Vendor
§11-12-26. Interpretation of Preceding Sections
§11-12-75. Tax on Corporations Holding More Than Ten Thousand Acres of Land