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HomeMy WebLinkAbout2849 1 ORDINANCE NO. ~ f ~ 9 2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING ORDI- NANCE NO. 2696 ENTITLED IN PART. "AN ORDINANCE. . . IMPOSING A 3 TAX UPON THE PRIVILEGE OF DISTRIBUTING OF CIGARETTES. . ., ESTABLISHING THE RATE OF SAID TAX AND PROVIDING FOR THE COLLECTION 4 AND ENFORCEMENT OF SAID TAX"; AND SUSPENDING THE IMPOSITION OF SAID LOCAL TAX. 5 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO 6 DO ORDAIN AS FOLLOWS: 7 SECTION ONE: Ordinance No. 2696 is hereby amended by 8 adding thereto Section Seventeen to read as follows: 9 "SECTION SEVENTEEN: In order to comply with the require- 10 ments of those provisions of Chapter 963 of the Statutes of 1967 11 which provide that State cigarette tax revenues may not be allo- 12 cated to any city imposing a selective local tax on, or with 13 respect to, the sale, distribution, use. consumption, or holding 14 of cigarettes or any other tobacco product,' after October 1. 1967, 15 the provisions of Ordinance No. 2696 relating to the imposition. 16 collection and enforcement of a cigarette tax shall be suspended 17 on and after September 15. 1967, and shall remain suspended and 18 thereafter be of no force and effect so long as the provisions of 19 the Revenue and Taxation Code of the State of California, as W modified by said Chapter 963 and pursuant to which the City is 21 entitled to receive the allocation specified therein of the State 22 cigarette tax revenues, are effective; provided, however, that 23 in the event said Revenue and Taxation Code shall be further 24 amended so that the City is not entitled to receive the alloca- 25 tion of the State cigarette tax revenues specified in said Chap- ~ ter 963, then the said provisions of Ordinance No. 2696 shall ~ upon the effective date of such amendment become operative and 28 effective; and further provided that in the event the provisions ~ of said Revenue and Taxation Code, as added by said Chapter 963 30 and pursuant to which the City is entitled to receive the alloca- 31 tion specified therein of the State cigarette tax revenues, are 32 for any reason declared invalid, then and in that event the said . 1 provisions of Ordinance No. 2696 shall not be deemed to have been 2 suspended but shall be deemed to have been in full force and 3 effect continuously from and after September 15, 1967. Nothing I 4 in this ordinance shall be construed as relieving any person 5 of the obligation to pay the City of San Bernardino any cigarette 6 tax accrued and owing by reason of said provisions of Ordinance 7 No. 2696 in force and effect prior to and including September 14, 8 1967." 9 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and Common Council of the City of San I 10 11 Bernardino at a on the c9ii day OfM-1l;~/ meeting thereof, held , 1967, by the following 12 13 vote, to wit: 21 of NOES: ~ ABSENT: -;t;'.n _,~; ~///'" - ~Y""'<<:: ;~~.L.// ~"ftl'tp.6- the foregoing ordinance this ~ day , 1967. 14 AYES: 15 16 17 18 19 20 22 MayoMth( Ci~~~rdino 23 24 25 Approved as to form: " ... -, /~j;/ ~/ (c - f--;1'./~ City torney 26 27 28 29 30 FILED 31 32 SEP 61967 . .wz T. FEI:roN. City Clerk 4..A~ ~ l..(?l-A WInY