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HomeMy WebLinkAboutORD 164 (1961)826 ORDINANCE N0. 164 AN ORDINANCE TO AMEND THE UNIFORM LOCAL SALES AND USE TAX ORDINANCE The City Council of the City of Tustin does ordain as follows: Section lo Section 2(e) of the Uniform Local Sales and Use Tax Ordinance (Ordinance No. 98) is repealed. Section 2~ Section 4 (a) (2) of said ordinance is amended to read: 4 (a) (2) 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 sha~l include delivery charges, when such charges are subject to the State sales and use tax, regardless of the olace 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 p~ace or places at which the retail sales are con- summated shall be determined under rules and regula- tions to be prescribed and adopted by the Board of Equalization. Section 3. (Section 4(b) (ii) of said ordinance is repealed. Section 4o Section 4(b) (4) (iii) of said ordinance is renumbered to 4(b) (4) (ii). Section 5- Section 5(b) (2) of said ordinance is amended to read: 5 (b) (2) Wherever, and to the extent that, in Part I of Division 2of the said Revenue and Taxa- tion Code the State of California is named or re- ferred to as the taxing agency, the name of this City shall be substituted the~a~or. Nothing in this subdivision shall be deemed to require the substitution of the name of this City for the word nState~ when that word is 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 Treasury, or of the Constitution of the State of California; nor shall the name of the City be substituted for that of the State in any section when the result of that ,substitution would require action to be taken by or against; the C~ity or any agency thereof rather than by or against the Stgte Board of Equalization, in performing the functions incident to the administration or operation of this ordinance; and neither shall the substitution be deemed to have been made in those sect~ns, including but not necessarily limited to, sections referring to the exterior boundaries of the State of California, where the result of the sub- stitution would be to orovide an exemption from this tax with respect to certain storage, use or other consumption of tangible personal property whichwould not otherwise be exempt from this tax while such storage, use:~ other consumption remains subject to tax by the State under the provisions of Part 1 of Division 2 of the said Revenue and Taxation Code, or to impose this tax with respect to certain storage, use or other consumption of tangible personal property which would not be subject to tax by the State under the said ~rovisions of that code; and in addition, the name of the City shall not be substituted for that o~ the State in Section 6701, 6?02 (except in the last sentence thereof), 6711, 6715, 6?3?, 689? and 6828 of the said Revenue and Taxation Code as adopted, and the name of the City shall be substituted for the word ~State~ in the phrase "retailer engaged in business in this State~ in Section 620~ nor in the definition of that phrase in section 6203. Section 6. Section 5(b) (3) (ii) of said ordinance is amended to.read: 5 (b) (3) (ii). The storage, use of other con- sumption 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 of Division 2 of the Revenue and Taxation Code by any city and county, or city in this State. Section 7. This ordinance shall become operative on January l, 1962. Section 8. Publication. It is determined that this ordinance is an emergency measure necessary for the service of public'health and safety and regulates the raising of taxes, and as such shall take effect upon January 1, 1962. This ordinance shall be published once in the Tustin News, a weekly news- paper of general circulation, printed and cir- culated in the City of Tustin, County of Orange, State of California. Passed and adopted at a regular meeting of the City Council, held on the 18th day of December, 1961. erome C. Kidd ATTEST: City Clerk 829 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ~ SS. CITY OF TUSTIN ) RUTH C. POE, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foretoing Ordinance. was duly and regularly introduced and read at the regular meeting of the City Council held on the 4th day of December, 1961, and was given its second reading and duly passed and adopted at a regular mee~ng held on the 18th day of December, 1961, by the following vote: AYES: COUNCILMEN: Kidd, Humeston, Mack, Byrd, Sheridan NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None