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HomeMy WebLinkAboutOrd 0726ORDINANCE M,_LZ6 LIN AME By 4fq 1'0,ENPINKF: 111E GODE OF THE CITY OF BUF G L" N" t' ARTICLE 11 9 TO PART TV AND IMPOSING A CITY SALES AND USE TAX; PROVIDING F'OR THE PERFORMANCE BY THE STATE BOARD OF EQUALIZATION OF ALL FUNCTIONS INCIDENT TO THE ADMINISTRATIONO OPERATION AND COLLECTION OF THE SALES AND USE TAX HEREBY IMPOSED,, SUSPENDING THE PROVISIONS OF ORDINANCES NOS. 724 AND 7215 DURING SUCH T11HE AS PENALTjELSZFRQLRjVMTOL jL0NS_T1jEP1E0F The City Co,t-MciLl Of the City of Burlingame does ordain as follows., S ECMLI, The Ordinance Code of the City of Ourlingamg, is burt�h V amended by adding Article 11 D to Part TV which shall read as follogvs,?. ARTICLE 11 D IMPOSYNG A CTT I SALES AND USE TAX-, PROVIDING FOR THE PERFORMANCE BV THE STATE BOARD OF EQUALIZATION OF ALL FUNCTIONS INCIDENT TO THE ADMINTSTRITION9 OPERATION AND COLLECTION OF THE SALES AND USE TAX i1FRERY IMPOSED, SUSPENDING THE PROVISIONS OF ORDINANCES NOS, 724 AND 725 (ARTICLES 11 B AND 11 C9 PART TV) DURING SUCH TIME AS THE PROVISIONS OF THIS ARTICLE ARE OPERATIVE, AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF Section 117LI. SHORT TITLE, This article shall be known as the Unjfor�n Local Sales and Use Tax Ordinance of the City of 1lurling,3me, Section 1171.2 PURPOSE, The City Council of the City of Burlingame hereby declares that this Ordinance is adopted to achieve the following, among otheyl, purposes, and directs that the provisions hereof be interpreted in ordef to ac— complish those purposes: (a) To adopt a sales and use tax ordinance which complies with the require— ments and limitations contained in Part 1,5 of Division 2 of the Revenue and Tax— ation Code of the State of California, W 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 said Revenue and Taxation Code, W To adopt a sales and use tax ordinance which imposes a ninety—five hunJredfAis of one percent (95/,10,0 of 1%) tax and provides a measure therefor i1 w can be adimiR.:�.Isterod and collect.-T,,d by the State Board of EQualization in a ation from, the existing statutory and administrative procedures followed by State Board of Equalization -in administering and collecting the California Stag 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 collectin(, — I — I city sales and use tagts and at the same time minibze the burden of rec;rd keeping upon persons subject to taxation under the provisions of this 0016anew-, (e) To adopt a sales and use tax ordinance which can be admiaisteped in a manner that will exclude the receipts of particular sales from the eeasure K the sales tax imposed by this City which have been included in the measure of sales tax imposed by any other city and county, county other than the county in which this city is locatedo or city in this State, and avoid imposing a use tax on the storage,, use or other consumption of tangible personal property in this City MY! the gross receipts from the sale of, or the use of, than: property has been subjecZ to a sales o: use tax by any other' city and county, county other than the county in which this city is located, or city in this State, pursuant to a sales and use tax qrdinance enacted under the provisions of Part 10 of Division 2 of the said Revenue and Taxation Code Section MIA OPERATIVE DATE, CONTRACT WITH STAT0 This ordinance shal.'r. become operative on January 1, 1961, and prior thereto this City shall contract uith the State Board of Equalization to per'for'm all functions 00deat to thp admiuis— tration and operation of this sales and use tax ordinance; provided, that if this City shall not have contracted with the said State Board of Equalization, as above set forth, prior to January 1, 1961, this ordinance shall not be operative until the first day of the first caleadar quarter following the execution of such a cop tract Cay. the City ani by the State Board of Equalization; provided further that this ordinance shall not becowe operative prior to the operative date of the Uniform Local Sales and Use Tax Ordinance d the County of San Mateo, Section 11713, SALES TM (a) (1) For the povilege of selling tangible peysonal property at retail a tax is hereby imposed upon all retailers in the city at the rate of ninety—five hundyedths of one percent (95/100 of 1%) of the gross receipts of the Yetailer from the sale of all tangihle personal property sold at retail in the City of Burlingame on and after the operative date of this ordinance (2) For the purposes of this ordinance, all retail sales shall be presumed to have beet cons,mated at the place of business of the retailer unless the tangible peysonal property sold is delivered by Lbe 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 Califoyniao 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 — 2 — r,,t which Fetail Sales are consurciaia ted shall be as determinedg undeR. 17uql es ?�nd T t, gUla tiOfls P?�"SC-TibeO Hd adopted by the Board of Equaliza Uofl� b� alp except. as hereinafter provided, and, excepinsofar as �,hpy a;,e with the of Pact L5 of Division 2 Of the said Revenve 'IF0 Tar tion code, all of the provisions of Part I of Division 2 of SaA Cvda, an erded and in force and eff!ct on janvapy 1, 1961, applicable to sate.,; taw�res v heieb y adopted and made a Vary, off this sOlCtiOP is though fally, set forth (2) Wherever, and to the exteni, that,, in Pari; I of Divisiov, 2 of tae said Revenue and Taxation Code the State of c;jlifornia Ws Bar Jed C)r pgfey?ed, t-ae to ping agency, the City Of Burlingame small be substituted therefor,, Nothing in this subdivision shall be deemed to require the substitution of the napof tae Ie I City of Burlingame for the word "State" r4hen that word is used as part of IkIe title of z"Ile state Controller, th,4 State Treasurer, the State Board of Cogl'rr,31, the St Board a,` Ecualizationa Ot the Raffle of he State ar of the Constita�,ioio of the Stete of califurnia; nor shall the name of the City b(,- s stituted that of the State in any section when the of that. substitution Would reqUlre action to be taken by or against the City or any agency thepeof, Ya the thari b Y or against the State Board of Equalizatioij, in performing sae :Auctions incident to the administration or operation of chis ordinance" a H a n e i t h 1�Iall tile substitation be deemed to have been made in those sections, in lulling, ')ut aot necessafi.ky limited to, sections yeferpi-,ig to t1le, exteyior boundaries �f the State of California, where The result of the substitution would be to p?olflde an exemption from this tax wiV� respect to certain gross receipts which uoatld net otherviise be exempt from this UA while those gross ipeceiPts remain subject to `3Y t'" Sta" under the PTOVisicHs Of PBFt I Of Division 2 of thea said Revenue and Taxation Code,, nor to impose this tax jqith respect to ceptaA gross receipts wg,,,-,ch ,jould not be subject to tax by the State under the said, provisions of that Codefi and, in addition., the name of the City shall not be substituted for that CZ the State in Sections 6701, 6702 (except in the last semence thereof), 6711, 6715, 6737V 6797 and 6928 of the said Revenue and Taxation Code as adopted. 6068 of the said Revenue and Taxation Code, an additional seller's permit shill not be required by reason of this section, is measured,, (4) There shall be excluded from the gross receipts by which the tax it The amouRt of an� u �i sales or se tax imposed by the State Of CalifMla upon a retaile.- or consumer, — 3 — GO Receipts from the sale of tangible personal propery, NOR Mich a sales or use tax has become due by reason of the same transaction to any other city and county, county other than the county in which this city is located, or city in this State ander a sales OP use tax ordinance enacted by that city and county, couny other than the county in which this city is located, or city in this State in accordance with Part 1-3 Of Division 2 of the said Revenue and Taxation Code. 00) Receipts from sales to operators of common carrier and waterborne vessels of property to be used or consumed in the operation of such common carriers or waterboyne vessels principally outside of this City. Section 11710 USE TAX, (a) An excise tax is hereby imposed on the storage, use or othor consumpt,o 0 in the City of Burlingame of tangible personal pyopepty purchased from any retailer on or after W operative date of this ordinance, for storage, use or other consumption in the city at the Pate Of ninety—five hundredths of ooe percent (93/100 of 1%) of the sales price of the property, The sales price shall include delivery charges when such charges are subject 10 State sales Or use tax regardless of the place to which delivery is made, W 11) Except as hereinafter provided, and except insofar as they are inconsistent "th the PrOvisiOns Of Fart 1,5 of Division 2 of the said Revenue and Taxation Cede, d I Of the PPOWWOPS of Part I of Division 2 of said Code, as amended and is force and effect on January 1, 1961, applicable to use taxes are hereby adopted and made a part of this section as though fully set forth herein. (2) Wherever, and to the extent that, in Part I of Qvision 2 of the said Revenue and Taxation Code the State of California is named or referred to as the taxing agency, the MY of Burlingame shall be substituted therefor, Muthing in this subdivision shall be deemed to require the substitution of the name of the City of Burlingame for the word "State" when that word is used as part of the Win of thp qv'", rMIANN. 0� SIM Treasurer, the Scate 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 sub— stituted for that of the State in a0y section when the Yesult of that substitution would require action to be taken by er 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, and neither shall the substitution be deemed to have been made in those sections, — 4 — including but not necessarily limited to, sections referring to the exterio_mi' boundaries of the Stan of California, Where the Yesult of the suhstitHtion 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 exe2pt from this tax while such storage, use or other consumption rem ins subject to tax by the State under He provisions of Part I of Division 2 of the said Revenue and Taxation Code, or to impose this tax with respect to certain sto2age, use oy other consumption of tangible personal propety which vould not be subject to tax by the State undeT the said provisions 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 andew this sectionz W The amount of any sales or use W imposed by the State of California mpon a retailer or consumer. 00 The storage, use or other consumptioH of tangible personal property, the gross receipts from the sale of or the cost of which has been subject to sales or use t6x under a sales or use tax ordinance enacted in accordance with Part 10 of Division 2 of the said Revenue and Taxation Code by any other city and county, county other than the county in which this city is located, or city in this SUM QW) The storage or use of tangible personal property in the transportation or transmission of persons, property or communica— tions, or in the generation, transmission ®r distribution of electricity or in the manufacture, transmission or distribution of gas in intra— state, interstate or foragn commerce by public utilities which are regulated by the Public Utilities Commission of the State of California,, (iv) The use or consumption of property purchased by operators of common carrier and waterborne vessels to be used or consumed in the operation of such common carriers or waterborne vessels principally Oaside the City, Sectioa MIA AMENDMENTE Ail ameMenns of the said Revenue anal. Taxation Code enacted subsequent to the effective date of this ordinance which relate to ike sales and use tax and which are not inconsistent with Part IJ of Division 2 of the said Revenue and Taxation Code shall automatically become a part of this ordinanm Section 11710. ENJOTMING COLLECTION FORBIDDEN, No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action of proceeding in any court against the State or this City, or against any officey of the State or this city, to prevent or enjoin the collection under this ordinance, oF,- Part 1.5 of Division 2 of the Revenue and Taxation Code, Of any tax or any amount of tax required to be cciiected, Section 1171.8. DISPOSITION OF PROCEEDS. All monies collected under and pursuant to the Provisions Of this WWWO Shall W deposited and paid into the General Fund of the City of Wingame, At least fifty percent (50%) of the net rec"Pts f" sales and use taxes shall be used to reduce the payment of City Obligations that would normally be paid out of funds derived from real and personal taMs, It is the Went of this ordinance that fifty percent (50%) of the Taxes collected by reason of the provisions herein shall be used to reduce the real and Personal Y"Perty taxes- At no time shall the general real and personal property tax rate exceed one dollar ($1.00) per hundred of the assessed valuation less fiftypa?cent (50%) of the sales and use tax� Section 1171,9, EXISTTNG SALES AND USE TAX ORDINANCES SUSPERDED, At the time this ordinance goes into operation, the provisions of Ordinances Nos. 724 and 725 (existing city sales and use tax ordinances) 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 peyform the functions incident to the administration an J operation of the sales and use tax WYMY imposed; provided, however, that if for any reason it is determined that the City of Burlingame is without power to adopt this ordinance, or that the State Board of Equalization is without power to perform the functions incident to the administration and operation of the taxes imposed by this ordinance, the Provisions Of Ordinances Nolo 724 and 725 (existing city sales and use tax ordinances) shall not be deemed to have been suspended, but shall be deemed to have been in full force and effect at the rate of ninety—five hgodradths of one percent (95/100 of 1%) co QRuously from and after January In 1966 Upon the ceasing of the State Board of Equalization to perform tie functions incident to the administration aad operation of the taxes imposed by this ordinan, the PruvisiOss Of Ordinances Nos 724 and 725 Winances) shall again be in full force and effect at the rate of one peycent Nothing in this ordinance shall be construed as Pelieving any person of the Obligation to pay to the City of Burlingame any sales or use tax accrued and owing by reason of the provisions of Ordinances Nos724 and 723 (existing city sales and use tax ordinances) in force and effect prior to and including December 31, 1960., Section 117LIN PENALTIES. Any peysop violating any of the pyovjsjons of this ordinance shall be deemed guilty of a misdemeanor, and up; n conviction thereof — 6 — shall be punishable by a fine of not more than $500000 or by for a period of not more than six (6) months in the City Jail, or by both such fine and impri sonment,, Section 117101.10 SEVERABILITY, If any section, subsection, seatpi..,2ca, clause, phrase or portion of this ordinance, including but not limited to aby exemption, is f®r aEly mason 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 Council of the City of Burlingame hereby declares that it € wind have adopted this ordinance and each secziei�,, subsection, sentence, clause, phrase or portion thereof, irrespective of the sact that; a6jy, one or more sections, subsectiollas, sentences, clauses, Phrases 0s portions be decla?ed invalid or unconstitutiogalo Section 1.1,71,12. EFFECTIVE DATE, This ordinance, inasmuch as it i;yovides for a tax Levy for the usual current expenses of the city, shall take effect iEEmmediately� 'deo `nJo HIR M .— Mlayo? I, Herbert K. White, City Clerk, do €0eieeby certify that the foregoi,og ordinance was introduces at a regular meeting of the City Council held on the 21st day of November, 1960, and adopted thereafter at a regular me€tig�Ejof the '�,- Council held on the �9�hz � � day of December, 1960, by the follo7wing Fjoteo Ayes: Johnson, Lorenz, Morgan Noes*. Councilmen., None Absent Coupcilmene Byrd, Rooth Herbert o R STATE OF CALIFORNIA l COUNTY OF SAN MATEO S ss. HERBERT K. WHITE, City Clerl' of the City ff{}BurlC'gY ne' Sari Course! Matw' County, •if;, n.a, and e' ""'''F and foregoing is a fulltrue thereof, does hereby certify that the a'•=^ , and corr%ct copy of ---------------................................................ _..........- _ --------------------------- Qr-dinan. e--No......726 ---------- --------------- --- -.. entered in the minutes of said il. In Witness Whereof, I have hereunto set my hand and the seat Of 6Of said City this --.2Q t�_.......day of. --December------------ _-, E9....� HERBERT K. WHITE, City Clerk Clepuiy 07_