Article 2 — SALES AND USE TAX

This article shall be known as the “Uniform Local Sales and Use Tax Law of the City.”

('66 Code, § 3-5.201) (Ord. 232-C-S, passed 11-8-73)

The rate of the sales tax and use tax imposed by the provisions of this article shall be 0.975%.

('66 Code, § 3-5.202) (Ord. 232-C-S, passed 11-8-73)

§ 3-5.203 [RESERVED]

The Council hereby declares that the provisions of this article are 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 a sales and use tax law which complies with the requirements and limitations contained in Cal. Rev. and Tax. Code Part 1.5 of Division 2;

(B) To adopt a sales and use tax law which incorporates 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 Cal. Rev. and Tax. Code Part 1.5 of Division 2;

(C) To adopt a sales and use tax law which imposes a tax and provides a measure therefor which 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 sales and use taxes of the state; and

(D) To adopt a sales and use tax law which can be administered in a manner that will, to the degree possible consistent with the provisions of Cal. Rev. and Tax. Code Part 1.5 of Division 2, 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.

('66 Code, § 3-5.204) (Ord. 232-C-S, passed 11-8-73)

Prior to the operative date of this article, the city shall contract with the State Board of Equalization to perform all the functions incident to the administra-tion and operation of this sales and use tax law. If the city shall not have contracted with the State Board of Equalization prior to such operative date, the city shall nevertheless so contract and, in such a case, the operative date shall be the first day of the first calendar quarter following the execution of such contract rather than the first day of the first calendar quarter following the adoption of this article.

('66 Code, § 3-5.205) (Ord. 232-C-S, passed 11-8-73)

For the privilege of selling tangible personal property at retail, a tax is hereby imposed upon all retailers in the city at the rate set forth in 3-5.202§ of this article 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.

('66 Code, § 3-5.206) (Ord. 232-C-S, passed 11-8-73)

For the purposes 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 State Board of Equalization.

('66 Code, § 3-5.207) (Ord. 232-C-S, passed 11-8-73)

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 and after the operative date of this chapter for storage, use or other consumption in the city at the rate set forth in § 3-5.202 of this article 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.

('66 Code, § 3-5.208) (Ord. 232-C-S, passed 11-8-73)

Except as otherwise provided in this article, and except insofar as they are inconsistent with the provisions of Cal. Rev. and Tax. Code Part 1.5 of Division 2, all of the provisions of Cal. Rev. and Tax. Code Part 1 of Division 2 are hereby adopted and made a part of this article as though fully set forth in this article.

('66 Code, § 3-5.209) (Ord. 232-C-S, passed 11-8-73)

In adopting the provisions of Cal. Rev. and Tax. Code Part 1 of Division 2, wherever the state is named or referred to as the taxing agency, the name of the city shall be substituted therefor. Such substitution, 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. Such 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 administra-tion or operation of the provisions of this article. Such substitution shall not be 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 the 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 remains subject to tax by the state under the provisions of Cal. Rev. and Tax. Code Part 1 of Division 2, 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 said code. Such substitution shall not be made in Cal. Rev. and Tax. Code §§ 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737, 6797, or 6828. Such substitution shall not be made for the word “state” in the phrase “retailer engaged in business in this state” in Cal. Rev. and Tax. Code § 6203 or in the definition of that phrase in said § 6203.

('66 Code, § 3-5.210) (Ord. 232-C-S, passed 11-8-73)

If a seller's permit has been issued to a retailer pursuant to the provisions of Cal. Rev. and Tax. Code § 6067, an additional seller's permit shall not be required by the provisions of this article.

('66 Code, § 3-5.211) (Ord. 232-C-S, passed 11-8-73)

There shall be excluded from the measure of tax:

(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 have been subject to sales tax under a sales and use tax ordinance enacted in accordance with the provisions of Cal. Rev. and Tax. Code Part 1.5 of Division 2 by any city and county, county, or city in the 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 the city; and

(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.

('66 Code, § 3-5.212) (Ord. 232-C-S, passed 11-8-73)

(A) The amount subject to tax shall not include 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 have been subject to tax under a sales and use tax law enacted in accordance with the provisions of Cal. Rev. and Tax. Code Part 1.5 of Division 2 by any city and county, county, or city in the state, shall be exempt from the tax due under the provisions of this article.

(C) There shall be exempted from the computation of the amount of 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 the state, the United States, or any foreign government.

(D) In addition to the exemptions set forth in Cal. Rev. and Tax. Code §§ 6366 and 6366.1, 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 compen-sation under a certificate of public convenience and necessity issued pursuant to the laws of the state, the United States, or any foreign government shall be exempted from the use tax.

('66 Code, § 3-5.213) (Ord. 232-C-S, passed 11-8-73; Am. Ord. 563-C-S, passed 12-20-83)

(A) The provisions of § 3-5.213 of this article shall become operative on January 1 of the year following the year in which the State Board of Equalization adopts an assessment ratio for state- assessed property, which ratio is identical to the ratio which is required for local assessments by the provisions of Cal. Rev. and Tax. Code § 401, at which time the provisions of § 3-5.212 of this article shall become inoperative.

(B) In the event the provisions of § 3-5.213 of this article become operative, and the State Board of Equalization subsequently adopts an assessment ratio for the state-assessed property, which ratio is higher than the ratio which is required for local assessments by the provisions of said Cal. Rev. and Tax. Code § 401, the provisions of § 3-5.212 of this article shall become operative on the first day of the month next following the month in which such higher ratio is adopted, at which time the provisions of said § 3-5.213 shall be inoperative until the first day of the month following the month in which said Board again adopts an assessment ratio for state-assessed property, which ratio is identical to the ratio required for local assessments by the provisions of said § 401, at which time the provisions of said § 3-5.213 shall again become operative and the provisions of said §3-5.212 shall become inoperative.

('66 Code, § 3-5.214) (Ord. 232-C-S, passed 11-8-73)

All subsequent amendments of the California Revenue and Taxation Code, which amendments relate to the sales and use tax and which are not inconsistent with the provisions of Cal. Rev. and Tax. Code Part 1.5 of Division 2, shall automatically become a part of this article.

('66 Code, § 3-5.215) (Ord. 232-C-S, passed 11-8-73)

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 the city, or against any officer of the state or the city, to prevent or enjoin the collection of any tax or any amount of tax required to be collected under this article or Cal. Rev. and Tax. Code Part 1.5 of Division 2.

('66 Code, § 3-5.216) (Ord. 232-C-S, passed 11-8-73)

Any person violating any of the provisions of this article shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished according to §§1-2.01 et seq.

('66 Code, § 3-5.217) (Ord. 232-C-S, passed 11-8-73)