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FULL PACKET_2018-12-11
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FULL PACKET_2018-12-11
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12/10/2018 3:53:21 PM
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12/10/2018 3:52:53 PM
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City Clerk
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Agenda Packet
Agency
Clerk of the Council
Date
12/11/2018
Destruction Year
2023
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(1) Wherever the State of California is named or referred to as <br />the taxing agency, the name of this city shall be substituted therefor. <br />However, the substitution shall not be made when: <br />(A) The word "State" is used as a part of the title of the <br />State Controller, State Treasurer, State Board of Control, State Board of <br />Equalization, State Treasury, or the Constitution of the State of California; <br />(B) The result of that substitution would require action to <br />be taken by or against this city or any agency, officer, or employee thereof <br />rather than by or against the California Department of Tax and Fee <br />Administration, in performing the functions incident to the administration or <br />operation of this article. <br />(C) In those sections, including, but not necessarily limited <br />to sections referring to the exterior boundaries of the State of California, <br />where the result of the substitution would be to: <br />(i) Provide an exemption from this tax with respect <br />to certain sales, storage, use or other consumption of tangible personal <br />property which would not otherwise be exempt from this tax while such <br />sales, storage, use or other consumption remain subject to tax by the state <br />under the provisions of Part 1 of Division 2 of the Revenue and Taxation <br />Code, or; <br />(ii) Impose this tax with respect to certain sales, <br />storage, use or other consumption of tangible personal property which <br />would not be subject to tax by the state under- the said provision of that <br />code. <br />(D) In Sections 6701, 6702 (except in the last sentence <br />thereof), 6711, 6715, 6737, 6797 or 6828 of the Revenue and Taxation <br />Code. <br />(2) The word "city' shall be substituted for the word "State' in the <br />phrase "retailer engaged in business in this State' in Section 6203 and in <br />the definition of that phrase in Section 6203. <br />Sec. 35-209. - Permit not required. <br />If a seller's permit has been issued to a retailer under Section 6067 <br />of the Revenue and Taxation Code, an additional transactors permit shall <br />not be required by this article. <br />Sec. 35-210. - Exemptions and exclusions. <br />(1) Measure of Tax. There shall be excluded from the measure <br />of the transactions and use tax the amount of any sales tax or use tax <br />Resolution No. 2018-058 <br />Page 9 of 14 <br />55A-39 <br />
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