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SR-212-002 (4) e ;7/2 ~ ?c c-: e S--l) ~A:RMM:jld262/hpc City Council Meeting Santa Monica~ California STAFF REPORT TO: Mayor and city council FROM: city Attorney SUBJECT: Ord1nance Amending Santa Monica Municipal Code Section 6621 to Impose a Tax on Interstate and International Telephone Communication At its meeting on April 25~ 1989, the city Council directed the City Attorney to prepare an ordinance that would impose a tax on interstate and international telephone communication. In response to this d1rection~ the accompanying ordinance has been prepared and 1S presented to the ci ty Council for its cons1deration. In Goldberg v. Sweet, 488 U. s. 102 L. Ed. 2d 607 (1989) I the United States supreme Court upheld an Illinois law which imposed a telephone tax on interstate communication. The amendment to Municipal Code Section 6221 closely follows the Illinois law. Like that law~ the proposed amendment covers only communication services charged to a local service address and provides for a refund or credit to any taxpayer that has paid the same tax to another jurisdiction based on the same transmission. - 1 - ~-D e e RECOMMENDATION It is respectfully recommended that the accompanying ordinance be introduced for first reading. PREPARED BY: Robert M. Myers, city Attorney Joseph Lawrence, Assistant city Attorney - 2 - e e CA:RMM:jld261jhpc city council Meeting Santa Monica, California ORDINANCE NUMBER (City council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 6621 PERTAINING TO THE TELEPHONE USERS' TAX THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Santa Monica Municipal code Section 6621 is amended to read as follows: SECTION 6621. 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 c~ty. The tax imposed by this section shall be e1ght percent (8%) 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 - 1 - e e 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: (1) "Interstate and international telephone communication services" are those charges which originate or terminate within the city of Santa Monica and are charged to a Santa Monlca service address. (2) "Telephone communication services II 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, fiberoptics, 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. (e) The duty to collect the tax on interstate and international telephone communication services shall commence - 2 - e e 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 serVlce is furnished for a guaranteed amount, the amounts paid under such guarantee plus any fixed monthly or other periodic charge shall be included in the base for computing the amount of tax due; nor shall the term lItelephone communication services" include land mobile services or maritime mobile services as defined in section 2.l of Title 47 of the Code of Federal Regulations, as such section existed on January I, 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 subj ect to the tax - 3 - e e imposed by section 4251 of Title 26 of the United states Code, as such section existed on January 1, 1969, 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 all documentary evidence, which supports the claim for a refund. The Director shall reV1ew 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 subject of the application. The Director's decision shall final it is mailed to on the day - 4 - be the e e 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 decislon is made final. SECTION 2. Any provislon 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 3. If any sectlon, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurlsdiction, such decision shall not affect the validity of the remalning portions of this Ordinance. The city Council hereby declares that It would have passed this Ordinance, and each and every seetlon, subsectlon, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstltutional. - 5 - e e SECTION 4. The Mayor shall sign and the city Clerk shall attest to the passage of thlS 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 after 30 days from its adoption. APPROVED AS TO FORM: ~~. ROBERT M. MYERS city Attorney ~ - 6 -