Chapter 3.08 — UNIFORM SALES AND USE TAX

Editor's note— Ord. No. 1063 N.S., § 5, adopted Oct. 16, 2018, states "even though the city no longer collects sales taxes, this language is state-required language that comports with the state contract to collect certain of these monies."

State Law reference— Property tax provisions—See California Government Code § 43000 et seq. See also Part 1 of Division 2 of California Revenue and Taxation Code.

This chapter shall be known as the "Uniform Local Sales and Use Tax Ordinance of the City of El Paso de Robles."

(Ord. 208 N.S. § 1, 1957)

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 ordinance which complies with the requirements and limitations contained in Part 1.5 of Division 2 of the Revenue and Taxation Code of the State of California.

(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 one percent 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 practical to, and requires the least possible deviation from, the existing statutory and administrative procedure followed by the state board of equalization in administering and collecting the 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 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.

(Ord. 208 N.S. § 2 as amended by Ord. 293 N.S. § 1, 1967)

This chapter shall become operative on October 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 this sales and use tax chapter; provided, that if the city shall not have contracted with the said state board of equalization as above set forth prior to December 1,1957, this chapter shall not be operative until the first day of the first calendar quarter following the execution of such contract by the city and by the state board of equalization, provided further that this chapter shall not become operative prior to the operative date of the uniform local sales and use tax ordinance of the county of San Luis Obispo County in which this city is located.

(Ord. 208 N.S. § 3,1957)

A.

Retail Sales Liable.

(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 of El Paso de Robles on and after the 1st day of October, 1967.

(2)

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 any 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.

State Code Adoption.

(1)

Except as hereinafter provided, and except insofar as they are inconsistent with the provisions of Part 1.5 of Division 2 of the said Revenue and Taxation Code, all of the provisions of Part 1 of Division 2 of said Code, as amended and in force and effect on October 1, 1957, applicable to sales taxes are hereby adopted and made a part of this section as though fully set forth herein.

(2)

Whenever, and to the extent that in Part I of Division 2 of the said Revenue and Taxation Code the State of California is named or referred to as the taxing agency, the City of El Paso de Robles shall be substituted therefor. Nothing in this subdivision shall be deemed to require the substitution of the name of the City of El Paso de Robles 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 of California; 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 chapter;

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 of California, 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 of Division 2 of the said 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 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)

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 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 of California 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.

(4.5)

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 of California 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.

(Ord. 485 N.S. § 1, 3, 1983; Ord. 358 N.S. § 1, 2, 1973; Ord. 293 N.S. § 2, 1967: Ord. 248 N.S., 1961: Ord. 208 N.S. § 4, 1957)

A.

IMPOSITION. An excise tax is hereby imposed on the storage, use or other consumption in the city of El Paso de Robles of tangible personal property purchased from any retailer on or after the operative date of this chapter, for storage, use or other consumption in the city at the rate 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.

STATE CODE ADOPTION.

(1)

Except as hereinafter provided, 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 Part 1 of Division 2 of said Code, as amended and in force and effect on October 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 of Division 2 of the Revenue and Taxation Code, the state of California is named or referred to as the taxing agency, the name of this city shall be substituted therefor. Nothing in this subdivision 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 of California; 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 chapter 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 of California, 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 of Division 2 of the Revenue and Taxation Code, or to impose this tax with respect to certain storage, use or other consumption of tangible personal property which would not ale subject to tax by the state under 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 Revenue and Taxation Code as adopted, and in 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 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 has been subject to sales 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.

(3.5)

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

(a)

The amount of 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 has been subject to sales 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.

(Ord. 485 N.S. § 2, 4, 1983; Ord. 358 N.S. § 3, 1973; Ord. 293 N.S. § 3, 1967: Ord. 248 N.S., 1961: Ord. 208 N.S. § 5, 1957)

All amendments of the Revenue and Taxation Code enacted subsequent to the effective date of this chapter, including amendments adopted and effective to and including September 11, 1957, 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.

(Ord. 208 N.S. § 6, 1957)

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.

(Ord. 208 N.S. § 7, 1957)

At the time this chapter goes into operation, the provision of Ordinances No.'s 122 N.S. and 163 N.S. 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 perform the functions incident to the administration and operation of the sales and use tax hereby imposed; provided, however, that if for any reason it is determined that the city is without power to adopt this chapter, 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 chapter, the provision of Ordinances No.'s 122 N.S. and 163 N.S. 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 one percent continuously from and after October 1, 1957. Upon the ceasing of the State Board of Equalization to perform the functions incident to the administration and operation of the taxes imposed by this chapter, the provisions of Ordinances No.'s 122 N.S. and 163 N.S. existing city sales and use tax ordinances shall again be in full force and effect at the rate of one percent. Nothing in this chapter shall be construed as relieving any person of the obligation to pay to the city any sales or use tax accrued and owing by reason of the provisions of Ordinances No.'s 122 N.S. and 163 N.S. existing city sales and use tax ordinances in force and effect prior to and including September 30, 1957.

(Ord. 208 N.S. § 8, 1957)

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

(Ord. 208 N.S. § 9, 1957)

If any section, subsection, sentence, clause, phrase or portion of this chapter, including but not limited to any exemption, is for any reason 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 chapter. The council of the city declares that it would have adopted this chapter and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional.

(Ord. 208 N.S. § 10, 1957)

(1)

Sections 3.08.040B(4.5) and 3.08.050B(3.5) of this chapter shall become operative on January 1st of the year following the year in which the State Board of Equalization adopts an assessment ration for state-assessed property which is identical to the ratio which is required for local assessments by Section 401 of the Revenue and Taxation Code, at which time Sections 3.08.040B(4) and 3.08.050B(3) of this chapter shall become inoperative.

(2)

In the event that Sections 3.08.040B(4.5) and 3.08.050B(3.5) of this chapter become operative and the State Board of Equalization subsequently adopts as assessment ration for state-assessed property which is higher than the ratio which is required for local assessments by Section 401 of the Revenue and Taxation Code, Sections 3.08.040B(4) and 3.08.050B(3) of this ordinance shall become operative on the first day of the month following the month in which such higher ratio is adopted, at which time Sections 3.08.040B(4.5) and 3.08.050B(3.5) of this ordinance shall become inoperative until the first day of the month following the month in which the Board again adopts an assessment ratio for state-assessed property which is identical to the ratio required for local assessments by Section 401 of the Revenue and Taxation Code, at which time Sections 3.08.040B(4.5) and 3.08.050B(3.5) shall again become operative and Sections 3.08.040B and 3.08.050B(3) shall become inoperative.

(Ord. 361 N.S. §§ 1, 2, 1973: Ord. 358 N.S. § 4, 1973)