La Habra Heights Municipal Code Ch. 3.2 Uniform Local Sales and Use Tax Ordinance

This Chapter shall be known as the Uniform Local Sales and Use Tax Ordinance.

The rate of sales tax and use tax imposed by this Chapter shall be one (1%) percent.

This Chapter became operative on December 4, 1978.

The City Council hereby declares that this Chapter is adopted to achieve the following, among other purposes, and directs that the provisions hereof be interpreted to accomplish those purposes:

A. To adopt a sales and use tax ordinance which complies with the requirements and limitations contained in Part 1.5 of Division 2 of the Revenue and Taxation Code;

B. 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 Revenue and Taxation Code;

C. To adopt a sales and use tax ordinance which imposes a tax and provides a measure therefore 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 the California State 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, be consistent with the provisions of Part 1.5 of Division 2 of the 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 Chapter.

The 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.

For the privilege of selling tangible personal property at retail a tax is hereby imposed upon all retailers in the City at the rate stated in Section 3.2.20 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.

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 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.

An excise tax is hereby 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 3.2.20 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.

Except as otherwise provided in this Chapter and except insofar as they are inconsistent with the provisions of Part 1.5 of Division 2 of the Revenue and Taxation Code, all of the provisions of Part1 of Division 2 of the Revenue and Taxation Code are hereby adopted and made a part of this Chapter as though fully set forth herein.

In adopting the provisions of Part 1 of Division 2 of the Revenue and Taxation Code, whenever the State of California is named or referred to as the taxing agency, the name of this City shall be substituted therefore. The 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 of California; the 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 administration or operation of this Chapter; the substitution shall not be made in those sections, including, but not necessarily limited to, sections referring to the exterior boundaries of the State of California, 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 taxes, storage, use or other consumption remain subject to tax by the State under the provisions of Part 1 of Division 2 of the Revenue and Taxation Code, 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 that Code; the substitution shall not be made in Sections 6701, 6702 (except in the last sentence thereof), 6711, 6715,6737, 6797 or 6828 of the Revenue and Taxation Code; and the substitution shall not be made for the word "State" in the phrase "retailer engaged in business in this State" in Section 6203 or in the definition of that phrase in Section 6203.

If a seller’s permit has been issued to a retailer under Section 6067 of the Revenue and Taxation Code, an additional seller’s permit shall not be required by this Chapter.

The following exclusions and/or exemptions are applicable.

A. The amount subject to tax shall not include any sales or use tax imposed by the State of
California 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 Part 1.5 of Division 2 of the Revenue and Taxation Code 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 in 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 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 is exempted from the use
tax.

All subsequent amendments of the Revenue and Taxation Code which relate to the sales and use tax and which are not inconsistent with Part 1.5 of Division 2 of the Revenue and Taxation Code shall automatically become a part of this Chapter.

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 Chapter, or Part 1.5 of Division 2 of the Revenue and Taxation Code, of any tax or any amount of tax required to be collected.

If any provision of this Chapter or the application thereof to any person or circumstance is held invalid, the remainder of the Chapter and the application of such provision to other persons or circumstances shall not be affected thereby.