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SR-8-D (8) '\ e . ... CA: RMM : CMD : jw Council Meeting 12-13-83 ;ZP7J ~O// Santa Monica, Cal~fornia STAFF REPORT ~-D \lEe. 1 3 r::ttlJ To: Mayor and City Council From: City Attorney Subject: Ordlnance for Adoption Amendlng Municipal Code Sections 6500.261, 6500.262 and 6500.263 Relating to Sales Tax INTRODUCTION In late November, 1983 the State Board of Equalization notif~ed City staff that the City's Sales Tax ordinance must be amended by January 1, 1984 to delete the exemption for operators of waterborne vessels. Failure to amend the City's Sales Tax ordlnance as requested by the State Board of Equalizat~on could result in the City's 10slng ninety days of Sales Tax revenues, Wh1Ch is approx1mately $2.5 milllon. BACKGROUND Chapter 5 of the Statutes of 1979 provlded for the repeal of Sections 7202 and 7203 of the Revenue and Taxation Code and the addition of new Sections 7202 and 7203 operative January 1, 1984. The effect of this statute 1S to delete from the required provisions of the Clty's Sales Tax ordlnance the exemption for operators of waterborne vessels. AB 900 was introduced in the current legislative session to postpone the effective date of this change to January I, 1994. This b111 was passed by the Assembly and Senate but was vetoed by the O-D ~ ~ ~~""... Ute 1,j "!r:!J ~ e e Governor. The Governor's veto message stated, in effect, that he would not obJect to a two-year extension of the exemption if a bill to that effect were introduced into the leg~slature in January of 1984. Because the 1979 changes remain operative, it is imperat1ve that the City's ordinance be amended prior to January 1, 1984. However, there is a possibility that the waterborne vessel exemption will be restored early ~n 1984. Therefore, there must also be a contingent amendment to provide for the watercraft exempt10n to be reinstated if the law is aga1n changed. RECOMMENDATION It 15 respectfully recommended that the accompanY1ng ord1nance be adopted. 'r, ,':1:) "-... ::: ^'.l "-... V'l (]) u ~ ell ~ ..... -0 L.., o 'J) > ..... Q) :..J :; -.; ~ ..J C >.. o ~ ;.... ~ -' ~ <"'( ..... ,- '""' " .:l) +.J :/l 'J) ==' ':> '::J ;..... ~ ..,) ...; '-' -'-I ::) >-. ,--". ..... ::) -' ,.J < tit DISTRIBUTION OF RESOLUTION # Date c;;t/I:3 /! s l_-Df Counc~l Meeting A.genda Item It Was It amended? VOTE- Aff~rmatIve- NegatIve' Abstain" Absent; CU!-,f 7 a * ORDINANCE #I Introduced' Adopted: 1;;- 9 ;L- /... :1,-/( 5' /~//~ *- ALWAYS PFBLISH P.ooPTED ORDlNA"iCES DISTRIBUTION: ORIGINAL to be SIgned, 5ealed and flIed In Vault NEWSPAPE\PUBLI~TroN)Date: ) -tj) Department orIgInatIng staff report ( Ytanagement Serv!ces Lynne Barrette 0rdlnances only Agency mentIoned In document or staff report SubJect fIle (agenda packet) Counter file iI~ <-f /')../J I - e ,.fl/ ' . ParkIng Auth. Others' A~rport Purchasing Audltorum Personnel BUIldIng Dept. PlannIng PolIce (en- forcement?) EnVIron. Servo 0~~~ > y) FIre Recr/Parks f) General Servo Transportation LIbrary Treasurer Manager ;.... ,.J SE;\D FOUR COPIES OF ALL ORDINANCES TO: COD~D SYSTEMS, At~h-Pete~ Macl~arie 120 Baln ~tr"2'et AV0~f N~w Jersey_07?17 SE:\D FOUR COPIES OF .ALT, ORnT\l'A),J('F.~ to: PRESIDING JUDGE SANTA MONICA MUNICIPAL COURT 1725 MAIN STREET SA~TA MONICA, CA 90401 -..0 - c ~ '~ oJ " ~ .c o ::<: (certIfIed?) . r;;') 7;f.~ (!:,/ - TOTAL COPIES 'I J (' 1 . , .1_ -...- (1) cY- I e e CA:RMM:]w Santa Mon~ca, California City Council Meeting 12-13-83 ORDINANCE NUMBER 1292(CC5) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ~~ENDING SECTIONS 6500.261, 6500.262, AND 6500.263 OF THE SANTA MONICA MUNICIPAL CODE RELATING TO EXCLUSIONS AND EXEMPTIONS FROM THE SALES AND USE TAX ADMINISTERED BY THE STATE BOARD OF EQUALIZATION THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Sections 6500.261, 6500.262, and 6500.263 of the Santa Monica Muncipal Code are amended to read as follows: Section 6500.261. Exclusion and Exemptions. (a) The amount subject to tax shall not include any sales or use tax imposed by the State of Cal~fornia upon a retailer or consumer. (b) The storage, use or other consumption of tangible personal property, the gross receipts from the sale of which have been subJect to tax under a sales and use tax ord~nance enacted 10 accordance with Part 1.5 of Divis10n 2 of the Revenue and Taxation Code by any city and county, county, 1 e e or city, in this state shall be exempt from the tax due under this ordinance. (c) There are exempted from the computation of the amount of the sales tax the gross rece~pts from the sale of tangible personal property to operators of aircraft to be used or consumed principally outside the city in which the sale is made and directly and exclusively in the use of such aircraft as common carriers of persons or property under the authority of the laws of this state, the United States, or any fore~gn government. (d) In addition to provided in Sections 6366 Revenue and Taxation Code the exemptions and 6366.1 of the the storage, use, or other consumption of tangible personal property purchased by operators of aircraft and used or consumed by such operators d~rectly and exclusively in the use of such aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this state, the United States, or any fore1gn government is exempted from the use tax. 2 e e Section 6500.262. Exclus~ons and Exemptions. (a) The amount subject to tax shall not include any sales or use tax imposed by the State of California ~pon a retailer or consumer. (b) The storage, use or other consumpt1on of tangible personal property, the gross receipts from the sale of which have been subject to tax under a sales and use tax ordinance enacted in accordance with Part l.5 of Division 2 of the Revenue and Taxation Code by any city and county, county, or ci~y in this state shall be exempt from the tax due under this ordinance. (e) There are exempted from the computation of the amount of the sales tax the gross receipts from the sale of tangible personal property to operators of waterborne vessels to be used or consumed principally outside the Clty 1n which the sale is made and directly and exclusively 1n the carriage of persons or property in such vessels for commercial purposes. (d) The storage, use, or other consumption of tangible personal property purchased by operators of waterborne vessels 3 e e and used or consumed by such operators directly and exclusively in the carriage of persons or property of such vessels for commercial purposes is exempted from the use tax. (e) There are exempted from the computation of the amount of the sales tax the gross receipts from the sale of tang~ble personal property to operators of aircraft to be used or consumed principally outide the city in which the sale is made and directly and exclus~vely in the use of such aircraft as common carriers of persons or property under the authority of the laws of this state, the United States, or any foreign government. (f) In addition to ~n Sections 6366 the exemptions and 6366.1 of the provided Revenue and Taxation Code the storage, use, or other consumption of tangible personal property purchased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as common carr~ers of persons or property for h~re or compensation under a cert~ficate of public convenience and necessity issued pursuant to the laws of this 4 e e state, the United States, or any foreign government 13 exempted from the use tax. Section 6500.263. Appl1cation of provisions Relatins to Exclusions and Exemptions. Section 6500.262 shall be operative on the operative date of any act of the Legislature of the State of California which amends Section 7202 of the Revenue and Taxation Code or which repeals and reenacts Section 7202 of the Revenue and Taxation Code to provide an exemption from city sales and use taxes for operators of waterborne vessels in the same, or substantially the same, language as that existing in sudiv1sioos (i)(7) and (i)(a) of Section 7202 as those subdivisions read on October 1, 1983. In the event Section 6500.262 6500.261 shall shall become become operative, Section inoperative. Code this SECTION 2. Any provis10n of the or append1ces thereto incons1stent ordinance, to the extent of such Santa Monica Municipal w1th the provis1ons of inconsistencies and no further, are hereby repealed or modified to that extent necessary to affect the provis1ons of this ordinance. SECTION 3. If any sect1on, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid 5 e e or unconstitut~onal by a decision of any court of any competent Jurisdiction, such decision shall not affect the validity of the remaining portions of the 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 invalld or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage of this ordlnance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. ThlS ordinance shall become effective on the date of its adoptlon pursuant to Section 6l9(c) of the Santa Monica City Charter. APPROVED AS TO FORM: n~~ .. L \.w.(j" rr J~~"ti~..- Robert M. Myers City Attorney 6 , . > , e e .. ADOPTED AND APPROVED THIS 13th DAY OF December ~ 1983. /' '-- MAYOR I HEREBY CERTIFY THAT THE FOREGOING ORDINANCE, NO. 1292 (CCS)~ WAS DULY AND REGULARLY INTRODUCED AT A MEETING OF THE CITY COUNCIL ON THE 13th DAY OF DeceMber 1983; THAT THE SAID ORDINANCE WAS THEREAFTER DULY ADOPTED AT A MEETING OF THE CITY COUNCIL ON THE 13th DAY OF Decenber 1983 BY THE FOLLOWING COUNCIL VOTE: AYES: COUNCILMEMBERS: Conn, Enstein, Jennlngs, Press, Reed, Zane and Mayor Edwards NOES: COUNC I LM EMBERS: \one ABSENT: CQUNCILMEMBERS: ~one ABSTAIN: COUNCILMEMBERS: ~one ATTEST: /! {?-n 7/;, ~2dP-C CiTY CLERK