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O939 10..16..73 mh e _ ORDINANCE NO. 939 (CITY COUNCIL SERIES) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING CHAPTER 5-B OF THE SANTA MONICA MUNICIPAL CODE RELATING TO SALES AND USE TAX WHEREAS, under date of July 11, 1973, the Governor of the State of California signed Assembly Bill 309 and filed that bill with the Secretary of State as Chapter 196, Statutes 1973; and WHEREAS, this bill, together with Senate Bill 90, Chapter 1406, Statutes 1972, amends the required provisions of the County and the City Bradley-Burns ordinances; and WHEREAS, the amendments to the Bradley-Burns law made by AB 309 and SB 90 will be operative January I, 1974; and WHEREAS, any City which has not amended its Bradley-Burns ordinance by that time will cease to be a conforming city and will lose its Bradley-Burns tax revenue for at least three months; NOW, 'THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDA IN AS FOLLOWS: SECTION 1. Chapter 5-B of Article VI of the Santa Monica Municipal Code is hereby amended to read as follows: CHAPTER 5-B UNIFORM LOCAL SALES AND USE TAX ORDINANCE SECTION 6500.250 SHORT TITLE. This ordinance shall be known as the Uniform Local Sales and Use Tax Ordinance. SECTION 6500.251 RATE. The rate of sales tax and use tax imposed by this ordinance shall be One Per Cent (1%) SECTION 6500.252 OPERATIVE DATE. This ordinance shall be operative on January I, 1974. SECTION 6500~253 PURPOSE. The City Council hereby declares that this ordinance is adopted to achieve the follow- ~ t ~) '1 10-16:- n mh e e ing, among ather purposes, and directs that the provisions here- of be interpreted in order to accomplish those purposes: (a) To adopt a sales and use tax ordinance which complies with the requirements and limitations contained in Part 1.5 af Division 2 of the Revenue and Taxation Code; (b) To adopt a sales and use tax ordinance which incorporates provisions identical to those of the Sales and Use Tax Law of the State of California insofar as those provisions are not inconsistent with the require- ments and limitations contained in Part 1.5 of Division 2 of the Revenue and Taxation Code; (c) To adopt a sales and use tax ordinance which imposes a tax and provides a measure therefor that can be administered and collected by the State Board of Equali- zation in a manner that adapts itself as fully as practi- cable to, and requires the least possible deviation from the existing statutory and administrative procedures followed by the State Board of Equalization in administer- ing and collecting the California State Sales and Use 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 Revenue and Taxation Cade, minimize the cost of collecting city sales and use taxes and at the same time minimize the burden of record keeping upon the persons subject to taxation under the provisions of this ordinance. SECTION 6500.254 CONTRACT WITH STATE. Prior to the operative date this city shall contract with the State Board -2- 10-16-73 mh e e of Equalization to perform all functions incident to the admin- istration and operation of this sales and use tax ordinance; provided, that if this city shall not have contracted with the State Board of Equalization prior to the operative date, it shall nevertheless so contract and in such a case the operative date shall be the first day of the first calendar quarter following the execution of such a contract rather than the first day of the first calendar quarter following the adoption of this ordi- nance. SECTION 6500.255 SALES TAX. For the privilege of selling tangible personal property at retail a tax is hereby imposed upon all retailers in the city at the rate stated in Section 6500~51 of the gross receipts of the retailer from sale of all tangible personal property sold at retail in this city on and after the operative date. SECTION 6500.256 PLACE OF SALE. For the purposes of this ordinance, all retail sales are consummated at the place of business of the retailer unless the tangible personal property sold is delivered by the retailer or his agent to an out-of-State destination or to a common carrier for delivery to an out-of-State destination. The gross receipts from such sales shall include delivery charges, when such charges are subject to the State sales and use tax, regardless of the place to which delivery is made. In the event a retailer has no permanent place of business in the State or has more than one place of business, the place or places at which the retail sales are consummated shall be determined under rules and regulations to be prescribed and adopted by the State Board of Equalization. -3- 10-16-73 mh ., . SECTION 6500.257 USE TAX. An excise tax is hereby imposed on the storage, use or other consumption in this city of tangible personal property purchased from any retailer on and after the operative date for storage, use or other consumption in this city at the rate stated in Section 6500.2~of the sales price of the property. The sales price shall include delivery charges when such charges are subject to State sales or use tax regardless of the place to which delivery is made. SECTION 6500.258 ADOPTION OF PROVISIONS OF STATE LAW. Except as otherwise provided in this ordinance and except insofar as they are inconsistent with the provisions of Part 1.5 of Division 2 of the Revenue and Taxation Code, all of the pro- visions of Part 1 of Division 2 of the Revenue and Taxation Code are hereby adopted and made a part of this ordinance as though fully set forth herein. SECTION 6500.259 LIMITATIONS ON ADOPTION OF STATE LAW. In adopting the provisions of Part 1 of Division 2 of the Revenue and Taxation Code wherever the State of California is named or referred to as the taxing agency, the name of this City shall be substituted therefor. The substitution, however, shall not be made when the word IlState" is used as part of the title of the State Controller, the State Treasurer, The State Board of Control, the State Board of Equalization, the State Treasury, or the Constitution of the State of California; the substitution shall not be made 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 performing the functions incident to the administration or operation of this ordinance; the substitution shall not be made in those sections, including, but not nec- -4- 10-16;-/3 mh - . essarily limited to, sections referring to the exterior boun- daries of the State of California, where the result of the sub- stitution would be to provide an exemption from this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not otherwise be exempt from this tax while such sales, storage, use or other consump- tion remain subject to tax by the State under the provisions of Part 1 of Division 2 of the Revenue and Taxation Code, or to impose this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not be subject to tax by the State under the said provisions of that Code; the substitution shall not be made in Sections 6701, 6702 (except in the last sentence thereof), 67ll, 6715, 6737, 6797, or 6828 of the Revenue and Taxation Code; and the substitution shall not be made for the word "State" in the phrase "retailer engaged in business in this State" in Section 6203 or in the definition of that phrase in Section 6203. SECTION 6500.260 PERMIT NOT REQUIRED. If a seller's permit has been issued to a retailer under Section 6067 of the Revenue and Taxation Code, an additional seller's permit shall not be required by this ordinance. SECTION 6500.261 EXCLUSIONS AND EXEMPTIONS. There shall be excluded from the measure of tax: (a) The amount of any sales or use tax im- posed by the State of California upon a retailer or consumer. (b) The storage, use or other consumption of tangible personal property, the gross receipts from the sale of which has been subject to sales tax under a sales and use tax ordinance enacted in accordance with Part 1.5 -5- 10-1Q-~3 rnh t . of Division 2 of the Revenue and Taxation Code by any city and county, county, or city in this State. (c) The gross receipts from sales to, and the storage, use or other consumption of property pur- chased by, operators of common carriers and waterborne vessels to be used Dr consumed in the operation of such common carriers or waterborne vessels principally outside this city. (d) The storage or use of tangible personal property in the transportation or transmission of persons, property or communications, or in the generation, trans- mission or distribution of electricity or in the manu- facture, transmission or distribution of gas in intra- state, interstate or foreign commerce by public utilities which are regulated by the Public Utilities Commission of the State of California. SECTION 6500.262 EXCLUSIONS AND EXEMPTIONS. (a) The amount subject to tax shall not include any sales or use tax imposed by the State of California 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 ordinance enacted in accordance with Part 1.5 of Division 2 of the Revenue and Taxation Code by any city and county, county, 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 receipts from the sale of tangible personal property to operators of water- -6- 10-16-t~ . mh ~ ~- borne vessels to be used or consumed principally outside the city in which the sale is made and directly and ex- clusively in 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 and used or consumed by such operators directly and exclusively in the carriage of persons or property of such vessels for commercial pur- poses 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 tangible personal property to operators of air- craft 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 foreign government. (f) In addition to the exemptions provided in Sections 6366 and 6366.1 of the 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 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 foreign government is exempted from the use tax. SECTION 6500.263 APPLICATION OF PROVISIONS RELATING TO EXCLUSIONS AND EXEMPTIONS. -7- 10-1~-73 mh I , (a) Section 6500.262 of this ordinance shall become operative on January 1st of the year following the year in which the State Board of Equalization adopts an assessment ratio for state-assessed property which is identical to the ratio which is required for local assess- ments by Section 401 of the Revenue and Taxation Code, at which time Section 6500.261 of this ordinance shall become inoperative. (b) In the event that Section 6500.262 of this ordinance becomes operative and the State Board of Equal- ization subsequently adopts an asseSSment ratio for the state-assessed property which is higher than the ratio which is required for local assessments by Section 401 of the Revenue and Taxation Code, Section 6500.261 of this ordinance shall become operative on the first day of the month next following the month in which such higher ratio is adopted, at which time Section 6500.262 of this ordinance shall be inoperative until the first day of the month following the month in which the Board again adopts an assessment ratio for state-assessed property which is identical to the ratio required for local assess- ments by Section 401 of the Revenue and Taxation Code, at which time Section 6500.262 shall again become oper- ative and Section 6500.261 shall become inoperative. SECTION 2500.264 AMENDMENTS. All subsequent amendments of the Revenue and Taxation Code which relate to the sales and USe tax and which are not inconsistent with Part 1.5 of Division 2 of the Revenue and Taxation Code shall automatically become a part of this ordinance. -8- 10-16-73 mh ~ , ~ SECTION 6500.265 ENJOINING COLLECTION FORBIDDEN. No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against the State or this City, or against any officer of the State or this City, to prevent or enjoin the collection under this ordinance, or Part 1.5 of Division 2 of the Revenue and Taxation Code, of any tax or any amount of tax required to be collected. SECTION 6500.266 PENALTIES. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment for a period of not more than six (6) months, or by both such fine and imprisonment. SECTION 6500.267 SEVERABILITY. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision to other persons or cir- cumstances shall not be affected thereby. SECTION 6500.268. REPEALS. Ordinance No. 396 (City Council Series) as amended by Ordinance No. 432 (City Council Series), Ordinance No. 539 (City Council Series) and Ordinance No. 810 (City Council Series) are hereby repealed; provided, however, that said ordinance, as amended shall remain applicable for the purposes of the administration of said ordinance and the imposition of and the collection of tax with respect to the sales of, and the storage, use, or other consumption of tangible personal property prior to January 1, 1974, the making of re- funds, effecting credits, the disposition of monies collected, and for the commencement or continuance of any action or proceed- ing under said ordinance. -9- 10-16-73 " mh ,t " SECTION 6500.269 DISTRIBUTION OF PROCEEDS. Three- Fourths (3/4) of the moneys collected under and pursuant to the provisions of this chapter shall be deposited and paid into the General Fund of the City, and the remaining one-fourth (1/4) of the moneys collected under and pursuant to the provisions of this chapter shall be deposited in a Special Fund to be used only for capital improvements. SECTION 2. The City Clerk is directed to send five certified copies of this ordinance to the State Board of Equalization, Local Tax Unit, P.O. Box 1799, Sacramento, California 95808, Attention~ R.M. Hocking, Supervising Auditor. SECTION 3. 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 fifteen days after its adoption. This ordinance shall take effect upon adoption pursuant to Section 619 of the Charter of the City of San~ Monica. ADOPTED this 30th day of October, 1973. // /~'.,~./ . -~"'-n / I -.. ( . > 'O\.._~:) ~-",JjJ h ----. ~ ......"---~ 0.. H t..-' V Y L..,./ (.....---- Mayor ATTEST: I /' ~ (lc~.J;8 City Cle, -IO- 10.16-73 mh #" -; ~~ . STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) 88. CITY OF SANTA MONICA ) I do hereby certify that the foregoing ordinance was duly and regularly introduced and adopted at a meeting of the City Council of the City of Santa Monica on the 30th day of October , 1973, pursuant to Section 619 of the Charter of the City of Santa Monica, by the following vote of the Council: AYES: Councilmen: Judson, Lawson, McCloskey, Swink, Trives, van den Steenhoven, Hoover NOES: ABSENT: Counc i lmen : None Councilmen: None /"' ~~..J# C~ .Clerk APPROVED AS TO FORM: ~_, J 7 /,/ ,--I . c'.G _ '-"'., . . . (y.-'Je.J~' JL ~ ; City AttD~ey -11- . PROOF OF PUBLICATION ORDINANCE NO. NO f CITY COUNCIL SERIES) A:\r ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ~m!'iICA AGTHORIZING AN AMENDMENT TO THE CONTRACT BET- WEEN THE CITY COUN- Cil. AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' R F:TIREMENT SyS- TEM The CltV Council of the Cltv of Santa Monica does ordam as follows SECTION 1 That an amendment to the Contract /839 CS) between the City Council of tbe Citv of Santa MOnica and the Board of Ad- mlnlstratlOn. Califorma Pubhc Employees' Retire- ment System. IS hereby duthortzed, a copy of sauJ amendment bemg attached hereto marked" ExhibIt A". and 011 such reference made a part hereof as though herem set out In full. Sa:ld contract IS amended by thIS ordmance to mclude the pro- VISIOns of the2~.;'; at age S.o" and . l,~ continuance" henefits for pollee personnel SECTION 2 The City Man- ager of the City of Santa MOnIca IS hereby authoTlzed. empowered. and directed to execute sald amendment for and on behalf {)f said Agency SECTION 3 ThiS or- dmance shall take effect 30 day!. after the date of Its ddoptlOn and prIor to the expuahon of 15 davs from the passage thereot"shall be published at least once to the Sanfd Monica E\l'enmg Out- look. a newspaper of general circulatIOn, published and clrculated In the CIty of San. ta Momca and thenceforth and thereafter the same shall be in full force and eHeet ADOPTED and APPROV. ED thIS 11th day of Decem- ber. 1973 STATE OF CALIFORNIA, S8 County of Los Angeles, I am a CItizen of the Umted States and a reSIdent of the County aforesaid, I am over the age of eighteen years, and not a party to or interested ill the above entitled matter I am the pnucIpal clerk of the pnnter of the EVENING OUTLOOK a newspaper of general clfculatIon, printed and pubhshed daily except Sunday in the City of Santa Monica, County of Los Angeles, and which newspaper has been adjudged a newspaper of general clfcuJatlOn by the SupenoT Court of the County of Los Angeles, State of CalIfornIa, under the date of J anu- ary 26,1931, Case Number 314319; that the notIce, of WhICh the annexed IS a pnnted copy, has been pubhshed III each regular and entIre Issue of said newspaper and not In any supplement thereof on the followmg dates, to-WIt DecembeI 18, ........................ .... aU in the year 19..... ~.? 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