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O3961 396 ORDINANCE . NO. (.CITY COTJNC SERIES ANbRDINANCE DE 'THE C VTY 'C OUNC IL OF THE CITYOF SANTA:MONICA ;AMENDING ARTICLE I OF THE . SANTA MONI . A,. MUNICIPAL CODE BY ADDING ,.THERET0 5B IMPOSING A CITY SALES AND USE, TAXA PROVIDING FOR Tim pFRFORMANCE BY TIS . STATE. ;BOARD of EOtALZ ATION OF ,AUL FiJNCT1ONS INCIDENT TO ,THE ADMINISTRATION, OPERATION AND COLLECTION OF SALES AND USE TAS:HEREBY. IMPOSED SUSPENDING THE_ . PROVISIONS ' PHAPTEI _5 AND. a . .O OF ARTICLE I OF.THE SANTA MONICA MUNICIPAL CODE DURING SUCH TIS AS THIS ORDINANCE . IS OPERATIVE;,.. AND PROVIDING PENALTIES.Fop VIOLATION THEREOF, .:of � CITY OF SA.NTA,MONICA DOES.ORDAIN As Tq'I-3E CITY COUI CIL A. � OLLOWS ..SECTION m ArtIcle I of. tie Santa Mon ca Municipal Cede herebyia amended by adding hereto a neer Chapter to be designated Chapter 5B, hich chapter'shall read af0110198.CHAPTER 58 SALES AND .USE TPS �s ���� ordi�a�ce"Section 6500„ 1 ordinance ,,w c �Lmposes a one pet -cent 1% tax and provides a measure therefor that can be administered and collected by"the State.Board of Equalization in a manner that adapts.itself =`a fully: as � practical to, and requires the least possible deviation from. the e i.stltg statutory and administrative: procedures followed day the State Board of Equalization in administering and collecting the'California State Sales and Tse ,Taxes= (d)To adopt a.'sales and use:tax ordinance which can be ` administered in a .manner 'that will, to the degree possible consistent : with. the provisions of Part 1.5 of Division 2 of the said Revenue and Taxation Code, minimize the cost of collecting city sales and':use taxes and at `the same time minimize the burden of record keeping upon persons 'subject_. to taxation under the provisions of this ordinance; (e). To adopt 'a sales'and:use tax ordinance .which..can be dm."ni stared 'in. a mariner that will exclude the re'ce"ip�a f particular Sale`s from the measure of the sale. tax imposed day this City which have been included in the measure of` the sale's -tax imposed by ,any other 'city and county, county other than the county it2 which this city is located, or city in this '. -State and avoid mposirag a tz�e tax on the storage, use or other consumption of tangible personal property in this City when`the gross receipts .from the sale of, or the user of, that property has been: subject to a sales or se tax by any:, other city and county, county other than the "County 'in which this city is located,: or city, in'.thas State, pursuant to a sales and use tax ordi rianee enacted under. the provisions of .Part . l 5 of Division2 of.the said. Revenue. and Taxation Code;. Section 65oC'.26 , Operative Date. Contract With State. This ordinance,...,shall: become operative on April.. 1.1 1956; and prior' theto... this City shall contract with:the State Board of Equalization to perform all: functions incident to the administration and operation of this sales and use, tax'ordinance,;`provided, that if this City ''shall` 'not have contracted .with' the`.'sai.d State Board of Equalization, as above set forth., prior to April. 1, . lg56 this ordinance shall riot be operative until. the first day of 'the first calendar °' quarter following the execution `of such a contract by:the City and byethe State`Board of Equalization, provided further that this ordinance shall not' become operative prior to the operative date of 'the i3ni-Po`ri Local Sales and use flax Ordinance of , the Coon ty of Los Angeles. -section 6506, 27:.:p' Sales Taxa a) MI.nor t e n�.v�:Iege of sel.�:ing tangible personal property at retail a tax is hereby imposed upon.all retailer in the city at .the rate of one percent (1%)of..the gross` receipts of ktne retailer from the sale of all tangiblepersonal. property.sold at retail in the City of Santa Monica on and after the operative date of this ordinance. to have been consummated at the place of business of the retailer unless-.the tangible personal property sold is'delivered by theretailer or his agent;to an. out-of-state destination or to, a' common carrier for delivery to an Out -01C-Stat e destination. Delivery charges shall-be included in the gross.receipts.b.y which the tax is measured, regardless.. of`the.place .to which delivery is made when such: charges :are Included in the, measure" of the sales or use tax imposed p by.the Mate of Cal ifornia a in the even t a retail er; has no permanent place of -business in the State of California, or has more than one pace . of business, the place or places,at which :retail sales are con- svr ated shall: be ,as determined under rules and regulationsprescribed and adopted by the Board. of Eaualizatry on. (b)-(I) Except as hereinafter provided, and except insofar as they are Inconsistent pith the provisions :of Part 3:.5 o,f. Division 2 of the said Revenue and Taxation: Code., all. , of: the, prow _s ons of. Part :1 of Division 2 of :said Codes as,'amemded and :in force and effect on ,April 1,; 1856:, applicable to sales taxes :;are, hereby adopted and : lade a. part of this section as though fully 'set 'forth herein (2) Wherever, and to the extent that, in Part l of Division 2 of- the .;said :,Revenue and Taxation Code the State.of Qalifornia_-i named or referred to as the :taxing, ag ncy,: the C. ty of `Santa Monica shall.' be substituted therefor.m. Nothing_in this subdivision shall be deemed to require the'-sub- stitution of the name of the City, of Santa Monica for the word:.RStates,when that'word;s used as part of the title of the State Controller:, the State s reasurer, the State Board : of Control,, the . S.tate Board :of Equalization, .or . the name of the °State Treasury, or, :of. the .Constitut on of;the State of California; nor shall the ,name of ,the 'Cit.; be ; sub- stituted for that of the State in. an J' .;see ,;ion :when the result.of that substitution would ;require .action. to be taken: by . or against the City or any agency. thereof, rather.:than by or against the State -Board of :Equalization,. in performingthe functions inn. dent totheadministration or operation of this ordinances and neither shall the substitution be deemed to have been made in those sections,. including,:`cut not necessarily:limited:to, sections referring to the exterior; boundaries of the `;State ;of California; , where the re8ul:t of :the substitution would be to provide an exemption from. tnis.tax with respect :. to 'certain gross receipts which ould,- mot otherwise be 'exempt from :this - tax while<:those . gross..receipts remain subject to tax by:..the State:under the Provisions of Fart 1. of Division 2 of the said Revenue and Taxation Code:; ; nor° to :impose ..th s tax with respect to certain gross.:receipts:which<would not be :subject to tax.by_the.State under the said provisions of that Code; .and, .in. ,addition, the .name 3 (b ( ) Except as here nafter provided, and: except insofar as they are: inconsistent Wi h .th.e Provisions. of` Part 1.5 of Divi ion .2 off. the said. Revenue andaat on Code, ; all, of the , pror:sions of Part 110f'`Division 2 of said Code, ;as ,amended a..nd in Force and effect on April.1 . 1956, :appijca"oje to use taxes are hereby" adopted and rade m. part of this section a though full'y, set forth herein. (2) Wherever, and to the extent that, in Fart 1 of. Division 2 of the. said Revenue and Taxation Code the ' Sta'te of `California :is named or referred to as the ax n agency, the Cit ofanta Konica shall be substitutes therefor. 'Nothing in. this subdivision shall be deemed. to re in re the sub `` s-titution of the nameof the City of Saha ran ca I. I for the word 'State' where that word as used -as part of the title of the State Controller; the State, Treasurer'. the State Board :of Control_, the :State Board of Equalization, or the name of the State Tredsury .or of the Constitution of the State of Cali fornia'; " n:orshall the, name' of the City be substituted for that of'''the' 'State in any 'seeon when the result of that substitution 'vaould require action to be taken by or "":against::the City or,any agency thereof rather :than" by or 'against the State Board of Equalization., in performing the functions incident to "the administration =or operation of this ordinance.; and =neither swell the substitution be deemed to `hare been -made ' in those sections.,,' including but not necessarily lai.m.ited`;to, °..:sections referring to the"exterior boundaries of the State of California', where the ' resul:t of the substitution would be to provide an exemption .from this 'tax with respect to certain storage, use or other consumption of tangible personal property which would: not otherwise be exempt` . ..:from this ` tax while` such storage � u:se or other 'consumption remains sub ject ' to.'tax by the State under. the provisions of Part l.of Division 2 :of" the said Revenue ar d ' Takata on Code r `to" imp this tax with respect:to certain storage', use =other consumption of tangible personal property which would not be subject to `tax by "the State under the said provisions of :that Code;; and in addition, the name of the City shall not:.be' `substitut6d for: that of the State in Sections 6701., 67032 except in the last sentence thereof)-, '6711, 7159 67379 6737 and 628 of the sai ReVenue and Taxation Cade as adopted; 3) m There shall be exempt ' frown the tax due under this section: z The, amount of"any sales or use `tax imposed by the 'State of California upon a retailer or consumer. The storage-, use or other consumption of tangible personal property, tae gross "receipts from the sale`' of or the cost .of which :has been subject to sales or use tax under asales or use 'tax 'ordinance enacted n. a'cco dance with. Part .105 of .DiVision 2 of the said Revenue arid: Taxation Code ' by any other city and county ` county' other than `the county in -which this `city ..is located; or city in this -State a (iii) The storage or use` of. tangible personal property in the transportation or transmission of 'persons, 'property or 'communi-- cations, or in the generation, -transmission or distribution of electricity ora in the manufacture, transmission or distribution of gas an intra- state, interstate or foreign commerce by public utilities which are regulated by the Public Utilities Commission of the State of California 5