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any party to the contract or lease has the unconditional right to terminate <br />the contract or lease upon notice, whether or not such right is exercised. <br />(3) Use Tax Exemptions. There are exempted from the use tax <br />imposed by this chapter, the storage, use or other consumption in this city <br />of tangible personal property: <br />(A) The gross receipts from the sale of which have been <br />subject to a transactions tax under any state -administered transactions and <br />use tax ordinance. <br />(B) Other than fuel or petroleum products purchased by <br />operators of aircraft and used or consumed by such operators directly and <br />exclusively in the use of such aircraft as common carriers of persons or <br />property for hire or compensation under a certificate of public convenience <br />and necessity issued pursuant to the laws of this State, the United States, <br />or any foreign government. This exemption is in addition to the exemptions <br />provided in Sections 6366 and 6366.1 of the Revenue and Taxation Code <br />of the State of California. <br />(C) If the purchaser is obligated to purchase the property <br />for a fixed price pursuant to a contract entered into prior to the operative <br />date. <br />(D) If the possession of, or the exercise of any right or <br />power over, the tangible personal property arises under a lease which is a <br />continuing purchase of such property for any period of time for which the <br />lessee is obligated to lease the property for an amount fixed by a lease prior <br />to the operative date. <br />For the purposes of subsections (3)(C) and (3)(D) of this section, storage, <br />use, or other consumption, or possession of, or exercise of any right or <br />power over, tangible personal property shall be deemed not to be obligated <br />pursuant to a contract or lease for any period of time for which any party to <br />the contract or lease has the unconditional right to terminate the contract or <br />lease upon notice, whether or not such right is exercised. <br />(4) Exemption from Collection of Use Tax. Except as provided in <br />subsection (5), a retailer engaged in business in the city shall not be <br />required to collect use tax from the purchaser of tangible personal property, <br />unless the retailer ships or delivers the property into the city or participates <br />within the city in making the sale of the property, including, but not limited <br />to, soliciting or receiving the order, either directly or indirectly, at a place of <br />business of the retailer in the city or through any representative, agent, <br />canvasser, solicitor, subsidiary, or person in the city under the authority of <br />the retailer. <br />Ordinance No. NS -2952 <br />Page 6 of 9 55A-16 <br />