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HomeMy WebLinkAboutOrd 0725ORDINANCE NO, 725 yAGGi>.iL AN ORDINANCE MENDING T O'RWINANCE CODE OF THE CITY OFBURLIINTGA M ARTICLE 11C TO PART IV AND PROVIDINC FOP, THE IMPOSITION OF Ali EXCISE TAX Oiq THE STORAGE, USE OR OTHER. CONSUTTTION OF TANGIBLE PERSONAL PROPEWrlf The City Council of the City of Burlingame does ord,24.n as follows: SECTION 1, The Ordinance Code of the City of Burlingame is hereby amended by adding Article 11C to Part IV which shall read as follows: ARTICLE W' Ile- Section /C Section 1170.1 DEFINITIONS. The following words and phrases whenever used in this ordinance, shall be construed as defined in this section unless it appears from the context that a different meaning is intended. A. "Sales price" means that total amount for which tangible personal property is sold, valued in money, whether paid in money or otherveLse, without any deduction on account of any of the following: (1) The cost of the property sold; (2) The cost of materials used, labor or service costs, interest charged, losses, or any othe-1, expenses; (3) The cost of transportation of the prop- erty prior to its purchase. The total amount for which the property is sold inc?udeR all of till: iL &•ayik'&. (1) Any services that are a part of the sale?. (2) Any amount for which credit is given to the purchaser by the seller, 1 "Sales price. does not include any of t. . following - (1) Cash discounts allowed and taken on sales (2) The amount charged for property returned by customers when that entire amount is refunded either in cash or credit, but this exclusion shall not apply ix� any instance when the customer, in order to obtain tkm gerund, is required to purchase.other property at a prime greater than the amount charged for the property that is returned, (3) The amount charged for labo-r or services rendered in installing or applying the property sold... (4) The amount of any federal tax imposed upon or with respect to retail sales whether imposed upon the Tetailer or upon the consumer and regardless of whether or not the amount of federal tax is stated to customers as a separate charge, and the amount of any California. State sales or use tax. (The term B°gross receipts" in- cludes the amount of any manufacturer's or importer's excise tax included in the price of the property sold, even though the manufacturer or importer is also the retailer thereof, and whether or not the amount of such tax is stated as a separate charge.) (S) Transportation charges separately stated, if the transportation occurs after the purchase of the property is made. B. BUse" includes the exercise of any right or power over tangible personal property incident to the ownership of that property, subject, however, to the following exceptions: (1) It does not include the sale of that ps:op- arty in the regular course of business ,. Tr_ &- • '9 _.. Era- e�� w'.L '.iW Y�.� fi�a� 12¢i a. �.:LL� other consumption of tangible personal property, the gross receipts from the sale of or the cost of which Ms been subject to gales or use tn7 under a sales or ® 2 use tax or lance, whether enacted in tordance with or purporting to be in accordance Pith, part 1.5 of Di�- vision 2 of the Revenue and Taxation Code of the State of California by any other city and county, county other than San Mateo County, or city in this state, or enacted in accordance with the organic law of any such city. (3) It does not include the storage or use of tangible personal property in the transportation or trans— mission of persons, property or communications, or in the generation, transmission or distribution of elec- tricity or in the manufacture, transmission or distribu- tion of gas in intrastate, interstate or foreign ccs ,-ere e by public utilities which are regulated by the public - Utilities Commission of the State of California. (4) It does not include the use or consumpVl.on of property purchased by operators of common carrie-c a�pd waterborne vessels to be used or consumed in the opera- tion of;Yy' ch n carriers or water -borne vessels princip outside the City. The word "storage", as used in this .article;, includes any keeping or retention in the City for any purpose except sale in the regular course of business or subsequent use solely outside this City of tangible personal propevty purchased from a retailer. Section 1170.2. WOSITION AND RATE OF TABS, excise tax is hereby imposed on the :storage, use or other consumption in the City of Eurlingr4ra of tangibl_ personal property purchased from any retailer on or after the effective date of this ordinance for storage, use or other consumption in said City at the rate of one per cent (17.) of the sales price of the property. Notwithstanding the fores-oinF (3fOVis:3.OnS Of- M. � section,whe the sales price of tangible personal. prop- �4._. erty purchased for storage, use or other consumption vn the City of Burlingame pursuant to a contract of sale . 3 - ar`i"�'::" a^ :I.ic �,f?E:�d.x't�'SPrior o ' ,9Faflil7c}� 1961, includes Burlingame spies or use tax, the rate of test applied shall be the rate in effect when the con- tract is executed, Section 117003. USE TAX 1EVIED IN SA4E MANNER AS STATE TAX. The tax hereby levied, except as otherwise herein provided, is levied in the same wanner, to the same extent and under the same conditions as use tastes are levied pursuant to Part I of Division 2 of the California Revenue and Taxation Code, known as the "Sales and Use Tax Esau" as amended and in force and effect on Januarys 1, 19610 Section 1170.4. ADOPTION OF STATE USE TAX W.,W B 2i'CEP' IMiS A. All of the provisions of the "Sales and Use Tessa Law" as amended and in force and effect on January 1, 1961, except the provisions pertaining solely to the "Sales Tax" and Sections 6008, 6009, 6011, 6201, to 6204, in- clusive, 6207, 6226, 6241 to 6246, inclusive, 6355, 640.3., -- 64539 7052, 10579 716-113,-71029' 71510 7152 and 7153, are hereby adopted and made a part of this ordinance as though fully set forth herein, and all provisions of any other ordinance in conflict therewith are inapplicable to this ordinance and the tax hereby imposed, Bo The terse "sale price" shall not include the amount of any California state sales tax or use tsar„ Co All of the provisions of the "Sales and Use Tax Law" hereby adopted providing for the adoption of rules and regulations and for hearing on the part of the State Board of Equalization shall be performed by the City Council of the City of Burlingame. All other pro- visions ro—visio ns of the state "Sales and Use Tax Law" hereby adopted providing for the performance of official ac- tion on the part of the State Board of Equalization shall be performed by the City Treasurer. - 4 - D„ The City of Burlingame shall be deemee` sjjbssti.tuted for the State of `"elliforniaa whenever the state is ref et, tie& to in said ®"Sales and Use Tax Lnw. a" Eo The City Attorney of Burlingame shall be deemed substituted tEor the Attorney General whenever they Attorney General is referred to in said "Sales avid Use Tare Law." F. The City Treasurer shall be deemed substituted for the State Cant -collar and the State Board of Control whenever the State Controller or State ?hoard of Control ame refexred to in said "Sales and Use Tax Lawn Go The County of San Mateo shall be deemed subs=vited C or the County of Sacramento whenever the County sof Sacramento .,Ls referred to in said "Sales and Use Tax Law." Section 1170.5. ADOPTION TY RULES AND REGULATIONS BY ^d tae' `PC e The rules and regulations of the State Board of Equalization pertaining to the interpretations, ndministr°a® tion and endorsement of the "Sales and Use Tars Law,f0 insofar as applicable, shall apply to the interpretatrion of this ordinance until specifically abandoned by the rules Lnd regulations adopted by the City Council pursuant to this ordinance. Section 1170.60 INTERPRETATION. The inclusion of any clause, portion or part of the "Sales and Use Tax Law," Part 1, Davison 2, of the Revenue and Taxation Code of to.B State of California, verbatim in this ordinance at -tall not In or of itself be deemed to exclude any of the rem-alning provisions of said "Sales and Use Tax Law," that are made a part hereof by reference only. �ecs:r_on 117007. DUTY TO COLLECT TAX. Eatery retailer maintaining a place of business in this City shaLl apply to the City or by this ordinance, Any retailer aaat s"�r.ntaining a piAaerr, of business in this City may apply to the City Treasurer for authorization to collect the tax hereby imposed, Upon receipt of any application in such foray as required by him, the City °T:;4eazsurer5 in the case of a retailer, maintaining a place of - 5 business i the City, shall authorize, nd in the case of a retailer -,not maintaining a place of business in the City, may authorize the woplicant to make such collections and to £ortuard the sarue to the City Treasurer. Section 11170,_A, PERSONS LIABLE TO TAC. Every person storing, using or otherwise consuming in this City tangible personal property purchased from a retailer, is liable for the tags; provided, however, no tax shall be due hereunder if the tax imposed by Ordinance No. 724 (:ales tax) of the City of Burlingame has been paid on the sale of such property. The liability of such person is not exti€gruished until the tax has been paid to the City of Burlingame except that a receipt from a retailer authorized pursuant to Section 1170o7 hereof to collect the tax, given to the purchaser pursuant to Section 1170.9 hereof, is sufficient to relieve the purchasor from further liability for the tax, to which the receipt aK'P_rs o Section 1770.9. COILECTION OF TAX IY RETAILER, Every retailer echo is authorized by the City Treasurer to collect the toms imposed by this ordinance and who makes sales of tangible personal property for storage, use or other con- sumption in this City, not exempted under the provisions of this ordinance, shall collect the tags froji the purchaser at the time of making the sale, or, if the ;storage, use or other consumption of the tangible personal 13roperty in not then taxable herender, at the time the storage, use or other consumption becomes taxableo Upon collecting the tax., than retailer, on demand., shall give to the purchaser a rectiapt thereZo-c in the manner and form prescribed by the CiLy Treasurer. The tax so collected by the retailer shall be held in trust by him for the City and shall be paid to the C,°:...:ds Sze, t^a3. m . in t... F?FSrpner where provided in this ordinance. - 6- Section 1170.10 SEPARATE DISPLAY OF TAX FROM LIST OR OTHER PRICE. The tax so collected by the retailer from the purchaser shall be displayed separ- ately from the list price, the price advertised in the premises, the marked price or other price on the sales check or other proof of sale. Section 1170.11 PERSONAL PROPERTY TO rHICH TAX APPLIES. Except as otherwise specifically exempted, the tax hereby imposed applies to all tangible personal property located in this City and purchased from a retailer; provided, however, that if the retailer in good faith takes from the purchaser a certificate that the property was purchased prior to the effective date of this ordinance or was not purchased for storage, use or consumption in this City and has not been nor will be so stored, used or consumed, he shall be relieved of liability to collect and pay the tax. The certificate shall be signed by and bear the name of the purchaser, shall indicate the address of the purchaser and the place where such tangible personal property will be stored, used or consumed, the date of purchase, and shall be substantially in such form as the City Treasurer may prescribe. Section 1170.12 REGISTRATION OF RETAILERS„ Every retailer selling tangible personal property for storage, use or other consumption in the City of Burlingame and which retailer maintains a place of business in said City or acts through agents located in said City and which retailer is not licensed under the provisions of ordinance No. 724 (sales tax) shall address of such a;;ent or agents and office or other place of business in the City. Section 1170.13 DUE DATE OF TAXES. Taxes imposed by this ordinance are due and payable to the 7 City of Burlingame on or before the last day of the month next succe3ding each quarterly period, the first quarterly payment to be due and payable under this ordinance on or before the last day of March,, 1961. The City of Burlingame may require returns and payment of the amount of taxes for quarterly periods other than calendar quarters depending upon the principal place of or the nature of the business of the seller or retailer or may require returns and payment of the amount of taxes for other than. quarterly periods. Section 1170.14 RETURNS. Each return filed by a retailer shall show the total sale price of the property sold by him during the reporting period in respect of which he collected the tax hereby imposed. Each return filed by a purchaser shall show the total sale price of the property purchasers by him during the reporting period, in respect of vh ich a tax is due under this ordinance. All returns shall also show the amount of the taxes for the period covered by the return and such other information as the City Treasurer deems necessary to the proper administration of this ordinance. Section 1170.15 EXTENSION OF TIME. WAIVER OR COMPROMISE. The City Treasurer shall have the power, for good cause show, to extend f or a period of not to exceed thirty (30) days the time for malting any return or paying any amount required to be paid under this ordinance, when requested so to do in writing before the same becomes delinquent. The City Treasurer may, with the wrlttei a y Attorney, waive approval of the Cit c;i= ualy penalVy Od interes'u', GKI=k't :VOLUd Other- wise accrue under the provisions of this ordinance. The City Treasurer shall make and transmit to the City Council quarterly a detailed report of any sums so waived or compromised vdth the reason therefor. Section 1170.16 SCHTULES FOR PAYMENT OF TAX. The City Council, by resolution, shall adopt rules prescribing methods and schedules for the collection and payment of the tax. Such schedules shall be so determined as to facilitate collection of this tax at the same time that the retailer collects the tax imposed under the California Sales and Use Tax Law and so as to produce an average tax return of one percent (1%) on all purchases subject to the use tax. Section 1170,17 SUIT FOR TAX. All taxes hereby levied shall be payable to the City Treasurer and any civil suit for the collection thereof may be filed in any court of competent jurisdiction in the State of California, and the City Attorney of said City shall prosecute the action. Section 1170.18 RESALE CERTIFICATE. The City Treasurer may at his option accept a State of California Resale Certificate as evidence that any sale is not a sale for storage, use or consumption in the City of Burlingame, or he may in his discretion require an affidavit from the seller setting forth such infor- mation respecting such sale as he deems necessary to determine the nature of such sale. Section 1170.19 DIVULGING OF INFORMATION FORBIDDEN. No officer or employee of the City of Burlingame having an administrative duty under this ordinance shall make known in any manner whatever the business affairs, operations, or information obtained by an investigation of records and equipment of any the discharge of official duty, or the amount or source of income, profits, losses, expenditures, or any particulars thereof, set forth or disclosed in any return, or permit any return or copy thereof or any book containing any abstract or particulars thereof 9 to be seen or examined by any persona However, the City Council may, by resolution, authorize examination of the returns by federal or state officers or employees or by the tax officers of this or any other city if a reciprocal arrangement exists. Successors, receivers, trustees, executors, administrators, assignees, and guarantors, if directly interested, may be given in- formation as to the items included in the measure and amounts of any unpaid tax or amounts of tax required to be collected, interest and penalties. Section 1170.20 FALSE AND FRAUDULENT RETURNS. No person required to make, render, sign or verify any report under the provisions of this ordinance, shall make any false or fraudulent return, with intent to defeat or evade the determination of an amount due and required to be paid hereunder. Section 1170.21 FAILURE TO MAKE RETURN OR FURNISH DATA. No retailer or other person shall fail or refuse to furnish any return required to be made or fail or refuse to furnish a supplemental return or other data required by the City of Burlingame, or render a false or fraudulent return. Section 1170.22 PENAL PROVISIONS. Any person_ violating any provision of this ordinance shall be guilty of a misdemeanor, and on conviction thereof shall be punishable by a fine of not more than five hundred dollars ($500.00), or by imprisonment for -a . period of not -more than six months, or by both such fine and imprisonment. SECTION 2.. 'v9LTI?ITY< T_ any 9eCtl.^''' 9'.Si)stif: terse, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City hereby declares that it would have adopted this - 10 ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. SECTION 3. This ordinance shall be published once as required by law. L. B. MORGAN - Mayor I, Herbert K. White, City Clerk, do hereby certify that the foregoing ordinance was introduced at an adjourned regular meeting of the City Council held on the 9th day of November, 1960, and adopted thereafter at a regular meeting of the City Council held on the 21st day of November , 19600 by the following vote: Ayes: Councilmen: Byrd, Johnson, Lorenz, Morgan Noes: Councilmen: None Absent Councilmen: Rooth HERBERT K. 7 HITS, City Clerk - 11