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O1684 CA:JLD:usertax.ord\wp51\pc\df city Council Meeting 6-1-93 Santa Monica, California ORDINANCE NUMBER l684(CCS) (City council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS 6.72.020, 6.72.030, 6.72.040, 6.72.050 AND ADDING SECTION 6.72.055 TO INCREASE THE UTILITY USER TAX THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Santa Monica Municipal Code Section 6.72.020 is amended to read as follows: SECTION 6.72.020. Telephone Tax. (a) There is hereby imposed a tax upon every person in the City, other than a telephone corporation, using intrastate, interstate, and international telephone communication services in the city. The tax imposed by this Section shall be at the following rate: (I) Prior to July 1, 1993, nine and one-half percent (9.5%) of all charges made for such services, which tax shall be paid by the person paying for such services, 1 except that any taxpayer who provides proof that the taxpayer has properly paid a telephone communication services tax to a jurisdiction other than the City of Santa Monica based on the same transmission as is taxed by the City shall be entitled to a refund or credit for any duplicative tax that the taxpayer has paid to the city. (2) On and after July 1, 1993, ten percent (10%) of all charges made for such services, which tax shall be paid by the person paying for such services, except that any taxpayer who provides proof that the taxpayer has properly paid a telephone communication services tax to a jurisdiction other than the City of Santa Monica based on the same transmission as is taxed by the City shall be entitled to a refund or credit for any duplicative tax that the taxpayer has paid to the city. (b) As used in this Section, the following terms are defined as follows: (I) "Interstate and international telephone communication services" are those charges which originate or terminate wi thin 2 the City of Santa Monica and are charged to a Santa Monica service address. (2) "Telephone communication services" mean the transmission of any communications, messages, or information, whether by fixed, mobile, portable, or any other form through electronic or other means, between or among points by wire, cable, fiber optics, laser, microwave, radio, satellite or other methods. (3) "Service address" is the address where the telephone equipment is located and to which the telephone number is assigned. (c) The duty to collect the tax on .. interstate and international telephone communication services shall commence with the first regular billing period of each service user beginning on or after September 1, 1989. (d) As used in this Section, the term "charges" shall not include charges for services paid for by inserting coins in coin-operated telephones, except that where such coin-operated telephone service is furnished for a guaranteed amount, the amounts paid under such guarantee plus any fixed monthly or other periodic charge shall be 3 included in the base for computing the amount of tax due; nor except for cellular telecommunications, shall the term "telephone communication services" include land mobile services or maritime mobile services as defined in section 2.1 of Title 47 of the Code of Federal Regulations, as such section existed on January 1, 1989. (e) Notwithstanding the provisions of subsection (a), the tax imposed under this section shall not be imposed upon any person for using intrastate, interstate, and international telephone communication services to the extent that the amounts paid for such services are exempt from or not subject to the tax imposed by Section 4251 of Title 26 of the United States Code, as such section existed on January 1, 1989, without regard to subsection (b) thereof. (f) Any taxpayer who claims to be entitled to a refund for any tax paid pursuant to this Section shall file an application for a tax refund with the Director of Finance. The application shall be made on a form provided by the Director and the taxpayer shall provide under penalty of perjury all facts, including 4 all documentary evidence, which supports the claim for a refund. The Director shall review all refund applications and shall determine the amount, if any, of any refund due. The Director shall notify the taxpayer of his or her decision in writing by mailing a copy of the decision to the taxpayer at the taxpayer's last known address. All taxpayers claiming a refund must file their refund applications no later than one hundred eighty (180) days following payment of the tax which is the subj ect of the application. The Director's decision shall be final on the day it is mailed to the taxpayer and shall not be subject to further appeal, except that judicial review of the decision may be sought pursuant to Sections 1094.5 and 1094.6 of the California Code of civil Procedure only if judicial review is commenced no later than the ninetieth (90th) day following the date on which the Director's decision is made final. SECTION 2. Santa Monica Municipal Code section 6.72.030 is amended to read as follows: 5 SECTION 6.72.030. Electricity Tax. (a) There is hereby imposed a tax upon every person in the City of Santa Monica using electrical energy in the City of Santa Monica. The tax imposed by this section shall be at the following rate: (I) Prior to July 1, 1993, nine and one-half percent (9.5%) of all charges made for such services, which tax shall be paid by the person paying for such services. (2) On and after July 1, 1993, ten percent (10%) of all charges made for such services, which tax shall be paid by the person paying for such services. (b) As used in this section, the term "charges" shall include charges made for: (I) metered energy; and (2) minimum charges for service, including customer charges, service charges, deman4 charges, standby charges, and annual and monthly charges. (c) As used in this section, the term "using electrical energy" shall not be construed to mean the storage of such energy by a person in a battery owned or possessed by him for use in an automobile or other machinery or device apart from the premises 6 upon which the energy was received; provided, however, that the term shall include the receiving of such energy for the purpose of using it in the charging of batteries. The term shall not include electricity used in water pumping by water corporations, nor shall the term include the mere receiving of such energy by an electrical corporation at a point within the city of Santa Monica for resale. SECTION 3. Santa Monica Municipal Code Section 6.72.040 is amended to read as follows: SECTION 6.72.040. Gas Tax. (a) There is hereby imposed a tax upon every person in the City of Santa Monica using in the city gas which is delivered through mains or pipes. The tax imposed by this Section shall be at the following rate: (1) Prior to July 1, 1993, nine and one-half percent (9.5%) of all charges made for such gas, which tax shall be paid by the person paying for such gas. (2) On and after July 1, 1993, ten percent (10%) of all charges made for such 7 gas, which tax shall be paid by the person paying for such gas. (b) There shall be excluded from the base on which the tax imposed in this section is . computed: (1) charges made for gas which is to be resold and delivered through mains or pipes; (2) charges made for gas to be used in the generation of electrical energy by an electrical corporation; and (3) charges made by a gas public utility for gas used and consumed in the conduct of the business of gas public utilities. SECTION 4. Santa Monica Municipal Code section 6.72.050 is amended to read as follows: SECTION 6.72.050. Cable Television. (a) There is hereby imposed a tax upon every person in the City of Santa Monica using in the city a cable television service. The tax imposed by this section shall be at the following rate: (1) Prior to July 1, 1993, nine and one-half percent (9.5%) of all charges made for such cable television service, which tax 8 shall be paid by the person paying for such cable television service. (2) On and after July 1, 1993, ten percent (10%) of all charges made for such cable television service, which tax shall be paid by the person paying for such cable television service. (b) For purposes of this Section, cable television seryice shall mean a television signal delivered by cable for a fee or charge. SECTION 5. section 6.72.055 of the Santa Monica Municipal Code is hereby added to read as follows: SECTION 6.72.03,0. Water Usage Tax. (a) Commencing on July 1, 1993 there is hereby imposed a tax upon every person in the City of Santa Monica using the City's water service. The tax imposed by this Section shall be at the following rate: (I) On and after July 1, 1993, ten percent (10%) of all charges made for such water services, which tax shall be paid by the person paying for such water services. (b) As used in this Section, the term "charges" shall include charges made for: (1) 9 metered and unmetered water usage; (2) waste water discharge including sewer service ... . charges; and~(3) minimum, fixed and variable charges for ls~rvice, including all customer charges, service charges, demand charges, standby charges, and annual, monthly and bi- monthly charges. SECTION 6. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to affect the provisions of this ordinance. SECTION 7. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconsti tutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. 10 SECTION 8. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The city Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective upon its adoption pursuant to Santa Monica Municipal Charter section 619. APPROVED AS TO FORM: \\ /'--- \ ~" \: '~~ JOSEPH LA ENCE ~ing city Attorney 11 Adopted and approved this 1st day of June, 1993. 9 IJ>; Mayor I hereby certify that the foregoing Ordinance No. 1684(CCS) was duly and regularly introduced at a me,eting of the City Council on the 25th day of May 1993j that the said Ordinance was thereafter duly adopted at a meeting of the City Council on the 1st day of June 1993 by the following Council vote: Ayes: Councilmembers: Abdo, Genser, Olsen, Rosenstein, Vazquez Noes: Councilmembers: Greenberg, Holbrook Abstain: Councilmembers: None Absent: Councilmembers: None ATTEST: )",..' City Clerk