Alturas Municipal Code Art. II Sales and Use Tax

Footnotes:

--- (2) ---

2. For state law authorizing city to levy a sales and use tax, see Gov. C., § 37101. As to sales and use taxes generally, see Rev. & Tax. C.. §§ 6001 to 7176. As to uniform local sales and use taxes, see Rev. & Tax. C., §§ 7200 to 7207. As to disposition of money received from sales and use taxes, see Gov. C., § 43400.

The city council hereby declares that this article is adopted to achieve the following, among other purposes and directs that the provisions of this article be interpreted in order to accomplish those purposes:

(a) To adopt sales and use tax regulations which comply with the requirements and limitations contained in part 1.5, division 2 of the Revenue and Taxation Code of the state.

(b) To adopt sales and use tax regulations which incorporate provisions identical to those of the sales and use tax law of the state insofar as those provisions are not inconsistent with the requirements and limitations contained in part 1.5, division 2 of the such Revenue and Taxation Code.

(c) To adopt sales and use tax regulations which impose a one percent tax and provide a measure therefor that can be administered and collected by the state board of equalization in a manner that adapts itself as fully as practical 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 state sales and use taxes.

(d) To adopt sales and use tax regulations which can be administered in a manner that will, to the degree possible consistent with the provisions of part 1.5, division 2 of the such Revenue 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 article.

(Ord. No. 258, § 2; Ord. No. 278, § 1; Ord. No. 280, § 1; Ord. No. 399, § 1.)

This article shall become operative on April 1, 1957, and prior thereto this city shall contract with the state board of equalization to perform all functions incident to the administration and operation of these sales and use tax regulations; provided, that if this city shall not have contracted with the state board of equalization prior to April 1, 1957, this article shall not be operative until the first day of the first calendar quarter following the execution of such a contract by the city and by the state board of equalization; provided, further, that this article shall not become operative prior to the operative date of the Uniform Local Sales and Use Tax Ordinance of the county.

(Ord. No. 258, § 3.)

(a) (1)

For the privilege of selling tangible personal property at retail a tax is hereby imposed upon all retailers in the city at the rate of one percent of the gross receipts of the retailer from the sale of all tangible personal property sold at retail in the city on and after the operative date of this article.

(2) For the purpose of this article, 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 board of equalization.

(b) (1)

Except as hereinafter provided, and except insofar as they are inconsistent with the provisions of part 1.5, division 2 of the Revenue and Taxation Code of the state, all of the provisions of part 1, division 2 of such code, as amended and in force and effect on April 1, 1956, applicable to sales 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 1, division 2 of the such Revenue and Taxation Code the state is named or referred to as the taxing agency, the city shall be substituted therefor. Nothing in this subsection shall be deemed to require the substitution of the name of the city for the word "state" when that word is used as part of the Title of the state controller, the state treasurer, the state board of control, the state board of equalization, or the name of the state treasury, or of the Constitution of the state; nor shall the name of the city be substituted for that of the state in any section 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 article; and neither shall the substitution be deemed to have been made in those sections, including but not necessarily limited to, sections referring to the exterior boundaries of the state, where the result of the substitution would be to provide an exemption from this tax with respect to certain gross receipts which would not otherwise be exempt from this tax while those gross receipts remain subject to tax by the state under the provisions of part 1, division 2 of the such Revenue and Taxation Code; nor to impose this tax with respect to certain gross receipts which would not be subject to tax by the state under the 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 such Revenue and Taxation Code as adopted.

(3) If a seller's permit has been issued to a retailer under section 6067 of such Revenue and Taxation Code, an additional seller's permit shall not be required by reason of this section.

(4) There shall be excluded from the gross receipts by which the tax is measured:

a. The amount of any sales or use tax imposed by the state upon a retailer or consumer.

b. 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.

(5) There shall be excluded from the gross receipts by which the tax is measured:

a. The amount of any sales or use tax imposed by the state upon a retailer or consumer.

b. 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.

c. 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.

(Ord. No. 258 § 4; Ord. No. 278, §§ 2 to 4; Ord. No. 286, § 2; Ord. No. 329, §§ 1, 2; Ord. No. 372, §§ 1, 3; Ord. No. 399, § 1.)

(a) An excise tax is hereby imposed on the storage, use or other consumption in the city of tangible personal property purchased from any retailer on or after the operative date of this article, for storage, use or other consumption in the city at the rate of ninety one-hundredths of one percent 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.

(b) (1)

Except as provided in this article, and except insofar as they are inconsistent with the provisions of part 1.5, division 2 of the Revenue and Taxation Code of the state, all of the provisions of part 1, division 2 of such code, as amended and in force and effect on April 1, 1957, 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 1, division 2 of such Revenue and Taxation Code the state is named or referred to as the taxing agency, the name of this city shall be substituted therefor. Nothing in this subsection shall be deemed to require the substitution of the name of this city for the word "state" when that word is used as part of the title of the state controller, the state treasurer, the state board of control, the state board of equalization, or the name of the state treasury, or of the Constitution of the state; nor shall the name of the city be substituted for that of the state in any section 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 article; and neither shall the substitution be deemed to have been made in those sections, including but not necessarily limited to, sections referring to the exterior boundaries of the state, where the result of the substitution 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 such storage, use or other consumption remains subject to tax by the state under the provisions of part 1, division 2 of such Revenue and Taxation 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 such Revenue and Taxation Code as adopted, and the name of the city shall not be substituted for the word "state" in the phrase "retailer engaged in business in this state" in section 6203 nor in the definition of that phrase in section 6203.

(3) There shall be exempt from the tax due under this section:

a. The amount of any sales or use tax imposed by the state 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 sale 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. 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 public convenience and necessity issued pursuant to the laws of this state, the United States or any foreign government.

(4) There shall be exempt from the tax due under this section:

a. The amount of any sales or use tax imposed by the state 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 sale 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 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 in such vessels for commercial purposes.

d. 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 public convenience and necessity issued pursuant to the laws of this state, the United States or any foreign government.

(Ord. No. 258, § 5; Ord. No. 278, §§ 5, 6; Ord. No. 286, § 3; Ord. No. 329, § 3; Ord. No. 372, §§ 2, 4.)

All amendments of the Revenue and Taxation Code of the state enacted subsequent to the operative date of this article which relate to the sales and use tax and which are not inconsistent with part 1.5, division 2 of such Revenue and Taxation Code shall automatically become a part of this article.

(Ord. No. 258, § 6.)

(a) Sections 24-4 (b)(4) and 24-5 (b)(3) shall be operative January 1, 1984.

(b) Sections 24-4(b)(5) and 24-5(b)(3) shall be operative on the operative date of any act of the Legislature of the state of California which amends or repeals and reenacts section 7202 of the Revenue and Taxation Code to provide an exemption from city sales and use taxes for operators of waterborne vessels in the same, or substantially the same, language as that existing in subdivisions (i)(7) and (i)(8) of section 7202 of the Revenue and Taxation Code as those subdivisions read on October 1, 1983.

(Ord. No. 372, §§ 5, 6.)

No injunction 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 article or part 1.5, division 2 of the Revenue and Taxation Code of the state of any tax or any amount of tax required to be collected.

(Ord. No. 258, § 7.)