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HomeMy WebLinkAbout2406 ii :i 13 I' " " 14 I' , 15 I, 16 !: i i: 17 i i 18 II 19 !: " 20 !I 21 !I !i " " 22 I' i 23 I' :! ;i 24 Ii '! 25 i II ': 2611 !: 27 II II 28 ;, 2911 golf I I 31 1 32 ,I I: H , , ! ~ (.:.:;:.-.' 1 . ORDINANCE NO. "",,"75'0 i, 2 . AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING ORDIN- 3 ANCE NO. 2118 KNOWN AS THE UNIFORM LOCAL SALES AND USE TAX ORDIN- ANCE OF THE CITY OF SAN BERNARDINO. 4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO 5 DO ORDAIN AS FOLLOWS: 6 SECTION ONE: Ordinance No. 2118, Section Two(e) is hereby 7 repealed. 8 SECTION TWO: Ordinance No. 2118, Section Four(a)(2) is 9 hereby amended to read as follows: 10 (2) For the purposes of this ordinance, all retail sales 11 are consummated at the place of business of the retailer unless 12 I' 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 Board of Equalization. SECTION THREE: Section Four(b)(4)(ii) of Ordinance No. 211 is repealed. SECTION FOUR: Section Four (b) (4) (iii) of Ordinance is renumbered to Four (b) (4) (ii). No. 2111 SECTION FIVE: Section Five(b)(2) of Ordinance No. 2118 is amended to read as follows: (2) Wherever, and to the extent that, in Part 1 of Division 2 of the said Revenue and Taxation Code the State of California is named or referred to as the taxing agency, the name of this City shall be substituted therefor. Nothing in this sub- division shall be deemed to require the substitution of the name .1 .... ~ Ii il I- I I 1 i: of this City for the word "State" when that word is used as " ~ part of I i I I , 2 the title of the State Controller, the State Treasurer, the State 3 Board of Control, the State Board of Equalization, or the name of I 4 I the State Treasury, or of the Constitution of the State of Ca1if- , 5 Ii ornia; nor shall the name of the City be substituted for that of 6 I: the State in any section when the result of that substitution Ii 7 ,i would require action to be taken by or against the City or any II 'I 8 : agency thereof rather than by or against the State Board of Equal- i' 9 Ii ization, in performing the functions incident to the administration 10 j, or operation of this ordinance; and neither shall the substitution I, 11 ii be deemed to have been made in those sections, including but not 12 ii necessarily limited to, sections referring to the exterior boundar- Ii I, 131: 14 I' i: 15 II " 16 i! " " ies of the State of California, where the result of the substitutio 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 I' 17!' such storage, use or other consumption remains subject to tax by 18 j, the State under the provisions of Part 1 of Division 2 of the said 19 I, Revenue and Taxation Code, or to impose this tax with respect to , ~ II certain storage, use or other consumption of tangible personal 21 property which would not be subject to tax by the State under the 22 said provisions of that Code; and in addition, the name of the City 23:' shall not be substituted for that of the State in Sections 6701, jl 24 Ii 6702 (except in the last sentence thereof), 6711, 6715, 6731, 6797 , ,- 25 II and 6828 of the said Revenue and Taxation Code as adopted, and 2611 the name of the City shall not be substituted for the word "State" Ii 27!! in the phrase "retailer engaged in business in this State" in I, 28 I Section &203 nor in the definition of that phrase in Section 6203. , , 29 II " 30 'I Ii Ii 31 II 'I 3d !i H 'I I :: ,I r 'I SECTION SIX: Section Five(b)(3)(ii) of Ordinance No. 2118 is amended to read as follows: 't :(ii) The storage, use or other consumption of tangible personal property, the gross receipts from the sale of which has -2- I' 1 I! been. subject to sales tax under a sales and use tax ordinance 2 enacted in accordance with Part 1.5 of Division 2 of the Revenue 3 I! and Taxation Code by any city and county, county, or city in this 4 II State. I' 5 I SECTION SEVEN: This ordinance shall become operative on , 6 ' January 1, 1962 and is adopted as an emergency measure pertaining 7 ! to sales and use taxation matters and the fiscal policies of the 8 Ii City which are affected by amendments of state law operative on the 91, same date. 10 Ii !: I HEREBY CERTIFY that the foregoing Ordinance was adopted Council of the City of San Bernardino / ~ /J I meeting thereof, held on the~ , 1961, by the following vote, , 11 [I by the Mayor and COUIDOn I 12 ii a 13 If day of 141: to wit: 15 I, 16 i i 20 ' I. !: 21 Ii I, , 22! day of 23 ii II 24 il.. I; " 25 i! 'I 261: Approved as to form: 27i:~~ <0 :' ~ A---~~~""~ 28 I, y torney 2911 30 II I' 31 Ii Ii !! 17 '! I, I 18 II , 19 32 Ii II ~ ~~ Ai>{'7 ,">7= ~ rr.f i:i c~" The foregoing Ordinance A.aAlL4/'Z~~j -' is hereby approved this , 1961. /~d , or'':' ,~..__., f' . :i' !'.:d l: ~ '1, "_ ;:' 2 II iGi11 ",'l.,,",' ,,; '._ .J.,. '. . '''''Jr''''C_' . I '. -~ .t ,.:-: . ~'" _" : .. ' ~ . /