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HomeMy WebLinkAbout1514 - Sales & Use TaxORDINANCE NO. 1514 • AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 3.04 OF THE NEWPORT BEACH MUNICIPAL CODE, ENTITLED "SALES AND USE TAX ", TO INCORPORATE RECENT CHANGES IN STATE LEGISLATION PERTAINING TO SALES AND USE TAX TO BE ADMINISTERED BY THE STATE BOARD OF EQUALIZATION • C J The City Council of the City of Newport Beach DOES ORDAIN AS follows: SECTION 1. Chapter 3.04 of the Newport Beach Municipal Code is amended-to read: Sections: 3.04.010 3.04.020 3.04.030 3.04.040 3.04.050 3.04.060 3.04.070 3.04.08.0 3.04.090 3.04.100 3.04.110 3.04.120 3.04.130 3.04.140 3.04.150 3.04.160 3.04.170 3.04.180 "Chapter 3.04 SALES AND USE TAX Short Title. Rate. Purpose. Operative Date. Sales Tax. Place of Sale. Use Tax. Adoption of Provisions of State Law. Limitations on Adoption of State Law.. Permit Not Required. Exclusions and Exemptions - Measure of Tax. Exclusions and Exemptions - Amount Subject to Tax. Application of Provisions Relating to Exclusions and Exemptions. Amendments. Enjoining Collection Forbidden. Penalties. Severability. Repeals. 3.04.010 Short Title. This Chapter shall be known as the "Uniform Local Sales and Use Tax Ordinance" of the City of Newport Beach. 3.04.020 Rate. The rate of sales tax and use tax imposed by this ordinance shall be one per cent (1%). 3.04.030 Purpose. The City Council 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 -1- r� �J • in Part 1.5 of 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 requirements 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 Equalization in a manner that adapts itself as fully as practicable to, and requires the least possible deviation from the existing statutory 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 Revaue and Taxation Code, minimize the cost of collecting city sales and use taxes and at the same time minimize the burden of record keeping upon persons subject to taxation under the provisions of this ordinance. 3.04.040 Operative Date. Ordinance , codified in this Chapter, shall become operative on January 1, 1974, 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 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 calendar quarter following the execution of such a contract by the City and by the State. 3.04.050 Sales Tax. For the privilege of selling -2- 4 r� • • i tangible personal property at retail a tax is hereby imposed upon all retailers in the City at the rate of 1% of the gross receipts of the retailer from the sale of all tangible personal property sold at retail in this City on and after the operative date. 3.04.060 Place of Sale. For the purposes of this Chapter, 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. 3.04.070 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 of 1% 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. 3.04.080 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 provisions 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. -3- i • 0 3.04.090 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 City of Newport Beach shall be substituted therefor. The substitu- tion, however, shall not be made when the word 'State' 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 necessarily limited to, sections referring to the exterior boundaries of of the State of California, where the result of the substitu- tion 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 consumption 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), 6711, 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 defini- tion of that phrase in Section 6203. V 0 • 0 S 3.04.100 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. 3.04.110 Exclusions and Exemptions - Measure of There shall be excluded from the measure of tax: (a) The amount of 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 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, county, or city in this State. (c) The gross receipts from sales to, and the storage, use or other consumption of property purchased by, operators of common carriers and waterborne vessels to be used or 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, transmission or distribution of electricity or in the manufacture, transmission or distribution of gas in intrastate, interstate or foreign commerce by public utilities which are regulated by the Public Utilities Commission of the State of California. 3.04.120 Exclusions and Exemptions - Amount Subject to Tax. (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 -5- M / 1 L_J • } 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 waterborne vessels to be used or consumed principally outside the City in which the sale is made and directly and exclusively 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 purposes 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 aircraft 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 SM H • 0 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. 3.04.130 Application of Provisions Relating to Exclusions and Exemptions. (a) Section 3.04.120 of this Chapter 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 assessments by Section 401 of the Revenue and Taxation Code, at which time Section 3.04.110 of this Chapter shall become inoperative. (b) In the event that Section-3.04.120 of this Chapter becomes operative and the State Board of Equalization 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 3.04.110 of this Chapter 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 3.04.120 of this Chapter 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 assessments by Section 401 of the Revenue and Taxation Code, at which time Section 3.04.120 shall again become operative and Section 3.04.110 shall become inoperative. 3.04.140 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 automatic - all y become a part of this ordinance. 3.04.150 Enjoining Collection Forbidden. No injunction -7- 1 • • • 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. 3.04.160 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 as provided in Section 1.04.010 of this Code. 3.04.170 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 circumstances shall not be affected thereby. 3.04.180 Repeals. Ordinance No. 772 is hereby repealed; provided, however, that said ordinance 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 refunds, effecting credits, the disposition of monies collected, and for the commencement or continuance of any action or proceeding under said ordinance. SECTION 2. This ordinance shall be published once in the official newspaper of the City, and the same shall be effective 30 days after the date of its adoption. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 24th day of September , 1973, and was adopted on the ME 9th day of October 1973, by the following vote, to wit: • AYES, COUNCILMEN: McInnis, Rogers, Croul, Dostal, Kw1a, Ryckoff, Store NOES, COUNCILMEN: ABSENT COUNCILMEN: ATTEST: C ty Clerk • CERTIFIED AS THE OR!G!NAL AND CERTIFIED AS TO PUBLICATION OCT 1 2 1973 PATE -------- -- .......... ..... CITY CLERK OF THE C OF N PORT BHACPi 9 DRB:mh 9/18/73