Bishop Municipal Code Ch. 3.08 Sales and Use Tax

The rate of sales tax and use tax imposed by this chapter shall be one percent.

(Prior Code, § 18-1.1; Code 1985, § 3.08.020)

This chapter shall be operative on January 1, 1974.

(Prior Code, § 18-1.2; Code 1985, § 3.08.030)

The city council declares that this chapter 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 which complies with the requirements and limitations contained in Uniform Local Sales and Use Taxes, Revenue and Taxation Code § 7200 et seq.;

B. To adopt a sales and use tax which incorporates provisions identical to those of state law insofar as those provisions are not inconsistent with the requirements and limitations contained in Uniform Local Sales and Use Taxes, Revenue and Taxation Code § 7200 et seq.;

C. To adopt a sales and use tax 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 state sales and use taxes;

D. To adopt a sales and use tax which can be administered in a manner that will, to the degree possible consistent with the provisions of Uniform Local Sales and Use Taxes, Revenue and Taxation Code § 7200 et seq., minimize the cost of collecting city sales and use taxes and at the same time minimize the burden of recordkeeping upon persons subject to taxation under the provisions of this chapter.

(Prior Code, §18-1.3; Code 1985, § 3.08.040)

Prior to the operative date, 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 chapter, 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 is the first day of the first calendar quarter following the execution of such a contract rather than the first day of the first calendar quarter following the adoption of the ordinance codified in this chapter.

(Prior Code, § 18-1.4; Code 1985, § 3.08.050)

For the privilege of selling tangible personal property at retail. a tax is imposed upon all retailers in the city at the rate stated in section 3.08.020 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.

(Prior Code, § 18-1.5; Code 1985, § 3.08.060)

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 the retailer's 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.

(Prior Code, § 18-1.6; Code 1985, § 3.08.070)

An excise tax is 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 stated in section 3.08.020 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.

(Prior Code, § 18-1.7; Code 1985, § 3.08.080)

Except as otherwise provided in this chapter and except insofar as they are inconsistent with the provisions of Uniform Local Sales and Use Taxes, Revenue and Taxation Code § 7200 et seq., all of the provisions of Uniform Local Sales and Use Taxes, Revenue and Taxation Code § 7200 et seq. are adopted and made a part of this chapter as though fully set forth herein.

(Prior Code, § 18-1.8; Code 1985, § 3.08.090)

In adopting the provisions of Uniform Local Sales and Use Taxes, Revenue and Taxation Code § 7200 et seq., when the state is named or referred to as the taxing agency, the name of this city shall be substituted therefor. The substitution, however, shall not be made when:

A. 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 state constitution;

B. 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 chapter;

C. 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 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 Uniform Local Sales and Use Taxes, Revenue and Taxation Code § 7200 et seq., 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 under the provisions of that code;

D. In Revenue and Taxation Code § 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737, 6797 or 6828; and

E. In the phrase "retailer engaged in business in this state" in Revenue and Taxation Code § 6203 or in the definition of that phrase in Revenue and Taxation Code § 6203.

(Prior Code, § 18-1.9; Code 1985, § 3.08.100)

If a seller's permit has been issued to a retailer under Revenue and Taxation Code § 6066 et seq., an additional seller's permit shall not be required by this chapter.

(Prior Code, § 18-1.10; Code 1985, § 3.08.110)

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 has been subject to sales tax under a sales and use tax ordinance enacted in accordance with Uniform Local Sales and Use Taxes, Revenue and Taxation Code § 7200 et seq., by any city, county, or city-county unit 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 state public utilities commission.

(Prior Code, § 18-1.11; Code 1985, § 3.08.120)

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 ordinance enacted in accordance with Uniform Local Sales and Use Taxes, Revenue and Taxation Code § 7200 et seq. by any city and county, county, or city in this state shall be exempt from the tax due under this chapter.

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 Revenue and Taxation 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 compensation under a certificate of 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.

(Prior Code, § 18-1.12; Code 1985, § 3.08.130)

All subsequent amendments of the Revenue and Taxation Code which relate to the sales and use tax and which are not inconsistent with Uniform Local Sales and Use Taxes, Revenue and Taxation Code § 7200 et seq. shall automatically become a part of this chapter.

(Prior Code, § 18-1.14; Code 1985, § 3.08.140)

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 of this city, to prevent or enjoin the collection under this chapter or Uniform Local Sales and Use Taxes, Revenue and Taxation Code § 7200 et seq., of any tax or any amount of tax required to be collected.

(Prior Code, § 18-1.15; Code 1985, § 3.08.150)

Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than $500.00 or by imprisonment for a period of not more than six months, or by both such fine and imprisonment.

(Prior Code, § 18-1.16; Code 1985, § 3.08.160)