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HomeMy WebLinkAboutOrdinances_1021_CCv0001.pdf ORDINANCE NO. 1021 XN1 OFLDINANCE OF TIE CITY ODLANDS, 112OSIMG A CITY SALES AND USE TAX: PROVIDING FOR THE P!;RCO1%1XNCE BY Ta STATE BO XRD OF EQUALIZATION OF ALL FUNCTIONS INCILD212;T TO TIM ADaNISTRATION, OPERATION MM Ca=_ECTION OF TIE SALES AND USE TAX H=Y IMPOSED: SUSPENDING TF ?W71SIONS OF ORDINANCES NOS. 936 i0ND 937 (Redlands 0FDINA1,14CE CODE, CHAFFERS 24 and 25), DURING SUCq TDIE AS THIS ORDINAONCE IS Oil-RATIVE: AND PROVIDING PENALTIES FOR VIOLATIONS TI ?MF. The City Council of the City of Redlands does ordain as follows: Section 1. SHORT TITLE. This ordinance shall be known as the Uniform Local Sales and Use Tax Ordinance of the City of Redlands. Section 2. PURPOSE. The City Council of the City of Redlands hereby declares that this ordinance is adopted to achieve the following, among other, purposes, and directs that the provisions hereof 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 of Division.2 of the Revenue and Taxation Code of the State of California; (b) To adopt a sales and use tax ordinance which incorporates pro- visions identical to those of the Sales and Use Tax Law of the State of California; insofar as those pro-visions are not inconsistent with the requirements and limit- ations contained in Part 1.5 of Division 2 of the said Revenue and Taxation Code; (c) To adopt a sales and use tax ordinance which imposes a one per 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 as fully as, practicall to, and requires the least possible deviation from, the existing statu- tory and administrative procedures followed by the State Board of Equalization in administering 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 said Revenue and Taxation Code, minimize the cost of collecting city sales and use taxes and 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 administered in a manner that will exclude the receipts of particular sales from the measure of the sales tax imposed by this City which have been included in the measure of the sales tax imposed by any other city and county, county other than the county in which, this city is located, or city in this State, and avoid imposing a use tax on the storage, use or other consumption of tangible personal pro- perty in this City when the gross receipts from the sale of, or the use of, that property has been subject to a sales or use tax by any other city and county, county other thFa the county in which this city is located, or city in this State, pursuant to a sales and use tax ordinance enacted under the provisions of Part 1.5 of Division 2 of the said Revenue and Taxation Code. Section 3. OPETEILATIVE DATE. CONTRACT i4ITH STATE. This ordinance shall become operative, on July 1, 1956, and prior thereto 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 it this City shall not have contracted with the said State Board of Equalization, as above set forth, prior to April 1, 1956, this ordinance shall not be operative until the first day of the first calendar quarter following the execution of such a contract by the City and by the State Board of Equalization, provided further that this ordinance shall not become operative prior to the operative date of the uniform Local Sales and Use Tax Ordinance of the County of San Bernardino. Section 4. SALES TAX (a) (1) For the privilege of selling tangible personal property at retail a tax is hereby imposed upon all retailers in the city at the rate of one per dent (1%) of the gross receipts of the retailer from the sale of all tangible personal property sold at re- tail in the City of Redlands on and after the operative. date of this ordinance. (2) For the purposes of this ordinance, ail retail sales shall be presumed to have been consumated at the place of business of the retailer uiless the tangible personal property sold is de- livered b''7 the retailer or his agent to an out-of-state destination or to a common carrier for delivery to an out-of-state destination. Delivery charges shall be included in the gross receipts by 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 by the State of California. In the event a retailer has no permanent place of business in the State of California, or has more than one place of business', the place or places at which retail sales are consurunated shall be as determined under rules and regu- lations prescribed and adopted by the Board of Equalization. (b) (1) Except as hereinafter provided, and except insofar as they are inconsistent with the provisions of Part 1.5 of Division 2 of the said Revenue and Taxation Code, all of the provisions of Part 1 of Division 2 of said Code, as amended and in force and effect on April 1, 1956, applicable to sales taxes are hereby adopted and made a part of this section as though fully set forth herein. (2) loffiereveril and to the extent that, in Part 1 of Divi- sion 2 of the said Revenue and Taxation Code the State of California is named or referred to as the taxing agency, the City of Redlands shall be substituted therefor. Nothing in this subdivision shall be deemed to require the substitution of the name of the City of Redlands for the word"Statell 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 City or any -agency thereof,, rather than by or against the State Board of Equalization, in performing the functions incident tot he administration or operation of this ordinance; and ne Ither shall the substitution be deemed to have been made in those sections, ind-Luding, but not necessarily limited to., sections referring to the exterior boundaries of the State of California, where the result of the substitution would be to provide an exemption from this tax while those gross receipts remaLn subject to tax by the State under thr provisions of Part I of Division 2 of the said Revenue and Taxa- tion Code; nor to impose this tax with respect to certain gross re- ceipts which would not -e subject to tax by the State under the said provisions of that Cod*; and, in additictip the name of the City shall not be substituted for that of the State in Sections 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737, 6797 and 6828 of the sial Revenue and Taxation Code as adopted. -2- (3) If a sellerrs permit has been issued to a retailer under Section 6068 of the said Revenue and Taxation Code, an addi- tional sellerta permit shall: not be required bd, reason of this section. (4) There shall be excluded from the gross receipts by which the tax is measured; (i) The amount of any sales or use tax iVosed by the State of California upon a retailer or consumer. (ii.) Receipts .from the sale of tangible personal, property upon which a sales or use tax has become due by reason of the same transaction to any other city and cc+unty, count other than the county in which this city is loc.sted, or city in this ,Mate under a salves or use tax ordinance en- acted by that city and county, county other than the county in which this city is located, or city in this State in accordance with Part 1.5 of Division 2 of the said Revzrrje did Taxation Code. (iii) Receipts from sales to operators of common carrier and waterborne vessels of prpperty to be used or consumed in the operation of such coffin, carriers or waterborne vessels principally outside of this City. Section 5. USE" TAX. (a) An excise tax is hereby imposed on the storage, use or other consumption in the City of Redlands of tangible personal pro- perty purchased from any retailer on or after the operative date of this ordinance, :for storage use or other cons r )lion in the city at the rats of one per cent (l ) of the sales price of the,property. The sales pries stall include delivery charges when such charges are subject to State sales or use tax regardless of the place to which; delivery is made. (h) (1) z sept- as hereinafter provided, and except ;insofar as they are inconsistent with the provisions of Part 1..5 of Division 2 of the said. Revenue and Taxation Cade, all of the provisions of Fart l of Division 2 of :said Code, as amended :and in force and effect on: April. 1, 1956, applicable to use taxes are hereby a;opted and ride a part of this section as though fully set forth herein. (2) Wherever, and to the extent that, in Part l of Divi- sion 2 of the said Revenue and Taxation Code the State of California Is named or referred to as the taxing agency, the city of Redlands shs31 be substituted therefor. Nothinu in this a,_ibdivisibn shell b deemed to require the substitution of the na.me of the City of Redlands- for the word "States when that word is used as part of Vni� "title of the :state Controller., the :state Treasurer, the State Board of Control,, the State Board of ""quali nation, or the name of the State Treasury, or of the Constitution of the State of California; noir shall, the tame of the City be substituted for that of the State in any section when the result of that substitution would require action to be takers by or ,against tete City or any agency the„�eof rather than by or against the State =bard of Equalization, .n performing the function; incident to the administration or operation of this ordi.grace, and neither shall the sub,titution be deemed to have been made Ln those ;sections, in- cluding but not nece;. sari,ly limited to, sections referring to the exterior boundari(��s �)f the State of California, where the result of the substitution would be to provide ala exemption from this tax w*th respect to certain storage, use or other consu<r )ti.on of tangible personal property which would nut. otherwise be exempt from this tax while such storage, use or other consujVtion reaa:ins subject to tax by the State under the provisions of r in I of Division 2 of the aid Revenue and Taxation Code, or to Lmpose this tai with respect to cer- tain storage, use or other consumption of tangible personal property f which would not be subject to tax by the State under the said provi- sions of that Code; and In addition, the 'name of the City shall not be substituted for that of the State in Sections 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737, 6797 and 6828 of the said Revenue and Taxation Code as adopted. (3) There shall be exempt from the tax due lurider this section: W The amount of any sales or use tax imposed by the State of California upon a retailer or consumer. (ii) The storage, use or other oonsumpti,)n of tangible personal property, the gross receipts from the sale of or the cost of -which has been sub.lect to sales or use tax under a sales or use tax ordinance enact,-' in ace�rl- ance with Part 1.5 of Division 2 of the said Revenue and Taxation Code by any other city and colmrity, county other than the in which this city is located, or city in this State. (iii) The storaCe or use of tangible personal property in the transp- ortation or transinission of persons, property or communications-, or in the generation, trsns.ralssion or distribuLi-op of electricity or in the manufacture, transmission or distribution of gas in intrastate, inter- state or foreign commerce by public utilities whi ch are regulated by the Public Utilities Commission of the StaAe of California. (iv) The use or consumption of property purchased by opwrators of cormon carrier and -.,,,aterbortie sass is to used orcorsi7-v,!d in the operation of such co -ion c.,).rriers or water borne vessels principall. - outside the City. Section 6. JCEITMIMTS. All amendments of the s1kid Revenue and taxation Code enacted subsequent to t.e effective date of this ordinance which relate to the s,-LIes and use tax and which are not inconsistent with Part 1.5 of Division 2 of -the said Reve-nue and Taxation Code shall automatically beenmia a part of this ordinance. Section 7. ENJOINVIG COLLECTION FORBIDDIDT. No or writ of mandate or other legal or equitable process shall ise:te in any suit, action or proceeding in any court against the -State. or this City, or agains t any officer of Vie 3ta-te or this City, to prevent or enjoin the callection under this ordinance., or Part 1.15 of Division 2 of the Revenue and Tax;4!on Code, of any tax or any anount of tax required to be collected. Section 8. EXISTING SALES AND USE TAX OMIN�INCM (S) SUSP-_-'b At the title this ordinance goes into operation, the provisions of Ordin�_.,cet Nos. 936 and 937, Redlands Ordinance Code, Chapters 24 and 25, shall be suspended and shall not again be of any force or effect until and unless for any reason the State Board of Equalization ceases to perform the functions incident, to the administration and operation of the sales and use tax hereby imposed; provided, however, that if for any reason it is determined that the City of qedlmds is without p _�L power to adopt this ordinance, or that the State Board of Equalizationis without poker to perform the functions incident to the administration and operation of the taxes irmosiW by this ordinance, the pro- visions of Ordinances Nos. 936 and 937 sball not be deemed to have been Sue- pended, but shall be deemed to have been in full force and effect at the rate of one per cent (1%) continuously from and after July 1, 1956. Upon the ceasing of the State Board of Equalization to perform the ft-,ncticns incident to the adrd.nistration and operation of the imposer.] by this Ordinance, ,i OF or e?s the provisions of Ordinances Nos. 936 and 937, Fledlards Clrdinzn -- Code, Ch )t - 24 and 25 shall again be in full force and effect at the rate of one I,er cent Nothing in, this ordinance shall be construed as roll evinz,), any -son of the obligation to pay to the City of ILodlands. any 33:ales or use tax accrued and owing by reason of the provisions of Cr:in�mces Nos. 936 and 937 in force and effect prior to and including I-Flarch 31, 1756. -4- Section 9. F,-IiALTIZ5. Any person violating any of the provi- sions of this ordinance shall be deerred guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than $500.00 or by inprisonment for a period of not more than six (6) i!l.onths in the City Jail, or by both such fine and itmprisomment. Section 10. SEVERABILITY0 If any section, subsection, sen- tense, clause, phrase or portion of this orJini_nce, including but not limited to any exo;-iption, Is for any reason held to be `-valid or uncon- stitutional by the decision of an ;r court of corpetent jurisdiction, such decision shall not affect the validity of the renaining portions of this ordinance. The Council of the City of Redlands hereby declarer, that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, sentej!ce.,, clauses, phrases or portions be declared invalid or unconstitutional. Section 11. EF``1ACTIVE DATE. This ordinance, i:.,asrnch as it prov*des for a tax levy for the usual current expenses of the city, shall take effect inrLediately. This ordinance is also an emergency ordinance affecting, and for the irnediate preservation of, the public peace, health, safety, comfort, convenience and general -welfare and the same shall therefore becorre effective i.=ediately upon the final passaEe and adoption thereof. The facts constituting its urgency are as follcms: "The Legislature of the State of California has enacted the Bradley-Surns Uniform Local Sales and Use Tax Law in order to provide for uniform adffdristration, reporting, sales and use tax rates and collection of local sales and use taxes. The County of San Bernardino has adopted a uniform county sales and use tax ordinance. The City of Redlands must act immediately to adopt this ordinance in order to avoid double taxation of all retail transactions within this city, to prevent lack of uni- formity, and duplication of reporting and administration of State and local sales and use taxes and to enable the City of Redlands to contract with the State Board of Equalization for performance by the ',card of all of the functions incident to the adrrdnistration or operation of city sales and use taxes before July- 1, 1956." Donald S. C. Anderson Mayor of the City of Redlands,.California ATTEST: H.R. Whaley City Clerk I hereby certify that the foregoine ordinance was adopted by the City Council of the City of Redlands, at a regular meting thereof, hold on the 15th day of May, 1956, by the following vote: AYES: Councilmen Osbun, Romo, Wilson, and Mayor Anderson !O.ES: None ABSENT: Councilman Morlan H. R. 'Whaley City Clerk APPROVED ?OR FORM: MY Witorney