HomeMy WebLinkAboutNS-1187ORDINANCE NO. NS-1187
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA ADMINISTERED BY THE
STATE BOARD OF EQUALIZATION AND PROVIDING
PENALTIES FOR VIOLATIONS
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN
AS FOLLOWS:
SECTION I: REPEALS. Article II, "Sales and Use Tax,"
consisting of Sections 35-50 to 35-56 inclusive, of Chapter
35 of the Santa Ana Municipal Code, as enacted in 1952 and
amended in 1956 and 1961, is hereby repealed; provided, how-
ever, that said article, as amended, shall remain applicable
for the purposes of the administration of said article and
the imposition of and the collection of tax with respect to
the sales of, and the storage, use, or other consumption of
tangible personal property prior to January 1, 1974, the
making of refunds, effecting credits, the disposition of
monies collected, and for the commencement or continuance of
any action or proceeding under said ordinance.
SECTION II: That the Santa Ana Municipal Code is hereb~
amended by adding an article, to be numbered Article II,
Sections 35-50 to 35-66, inclusive, of Chapter 35, which said
article reads as follows:
Article II. Sales and Use Tax.
Sec. 35-50. SHORT TITLE. This article shall be known
as the Uniform Local Sales and Use Tax Ordinance.
Sec. 35-51. RATE. The rate of sales tax and use tax
imposed by this article shall be one per cent (1%).
Sec. 35-52. OPERATIVE DATE. This ordinance shall be
operative on January 1, 1974.
Sec. 35-53. PURPOSE. The City Council hereby declares
that this article 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;
(b) To adopt a sales and use tax ordinance which incor-
porates 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 con-
tained 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 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 Equa-
lization in administering and collecting the California State
Sales and Use Taxes;
ORDINANCE NS-1187
PAGE TWO
(d) To adopt a sales and use tax ordinance which can be
administered in a manner that will, to the degree possible con-
sistent 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 bur-
den of record keeping upon persons subject to taxation under
the provisions of this article.
Sec. 35-54. CONTRACT WITH STATE. Prior to the operative
date this city shall contract with the State Board of Equaliza-
tion to perform all functions incident to the administration
and operation of this sales and use tax ordinance; 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
shall be 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 this arti-
cle.
Sec. 35-55. SALES TAX. 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
35-51 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.
Sec. 35-56. PLACE OF SALE. For the purposes of this
article, all retail sales are consummated at the place of busi-
ness 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 perma-
nent 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.
Sec. 35-57. USE TAX. 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 35-51 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 regard-
less of the place to which delivery is made.
Sec. 35-58. ADOPTION OF PROVISIONS OF STATE LAW. Except
as otherwise provided in this article and except insofar as
they are inconsistent with the provision of Part 1.5 of Division
2 of the Revenue and Taxation Code, all of the provisions of
Part 1 of Division 2 of the Revenue and Taxation Code are here-
by adopted and made a part of this article as though fully set
forth herein.
Sec. 35-59. LIMITATIONS ON ADOPTION OF STATE LAW. In
adopting the provisions of Part 1 of Division 2 of the Revenue
and Taxation Code, wherever the State of California 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 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
ORDINANCE NS-l187
PAGE THREE
Treasury, or the Constitution of the State of California; the
substitution shall not be made when the result of that substi-
tution 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 ordinance; the substi-
tution shall not be made in those sections, including, but not
necessarily limited to, sections referring to the exterior boun-
daries of the State of California, where the result of the sub-
stitution 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 consump-
tion 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.
Sec. 35-60. PERMIT NOT REQUIRED. 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 article.
Sec. 35-61. EXCLUSIONS AND EXEMPTIONS. (Where the assess-
ment ratio exceeds that required for local assessments by Sec-
tion 401 Revenue and Taxation Code.) There shall be excluded
from the measure of tax:
(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 ordi-
nance 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 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,distri-
bution of electricity or in the manufacture, transmission or
distribution of gas in intrastate, interstate or foreign com-
merce by public utilities which are regulated by the Public
Utilities Commission of the State of California.
Sec. 35-62. EXCLUSIONS AND EXEMPTIONS. (Where the assess-
ment ratio equals that required for local assessments by Section
401 Revenue and Taxation Code.)
(a) The amount subject to tax shall not include any sales
0RDINANCE NS-1187
PAGE FOUR
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 ordinance.
(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 con-
sumed princip~Aly 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 pur-
chased 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 compensa-
tion 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.
Sec. 35-63. APPLICATION OF PROVISIONS RELATING TO EXCLU-
SIONS AND EXEMPTIONS.
(a) Section 35-62 of this article shall become operative
on January 1st of the year following the year in which the
State Board of Equalization adopts an assessment ratio 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 Section 35-61 of this article
shall become inoperative.
(b) In the event that Section 35-62 of this article be-
comes operative and the State Board of Equalization subsequently
adopts an assessment ratio for the state-assessed property
which is higher than the ratio which is required for local
assessments by Section 401 of the Revenue and Taxation Code,
Section 35-61 of this article shall become operative on the
first day of the month next following the month in which such
higher ratio is adopted, at which time Section 35-62 of this
article shall be inoperative until the first day of the month
following the month in which the Board again adopts an assess-
ment 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 Section 35-62 shall
again become operative and Section 35-61 shall become inoperative.
ORDINANCE NS-l187
PAGE FIVE
Sec. 35-64. AMENDMENTS. Ail 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 article.
Sec. 35-65. ENJOINING COLLECTION FORBIDDEN. No injunc-
tion 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 article, 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.
Sec. 35-66. PENALTIES. Any person violating any of
the provision of this article shall he deemed guilty of a
misdemeanor, and upon conviction thereof shall be punishable
as provided for in Section 1-8 of this code.
SECTION III: SEVERABILITY. If any provision of this
ordinance or the application thereof to any person or circum-
stance is held invalid, the remainder of the ordinance and
the application of such provision to other persons or circum-
stances shall not he affected thereby.
SECTION IV: The Clerk of the Council shall certify to
the passage of this ordinance and cause the same to be
published in some daily newspaper printed and published in
the city of Santa Ana.
SECTION V: This ordinance shall take effect upon the
date of publication or posting after its adoption.
PASSED AND ADOPTED by the City Council of the City of
Santa Ana at its regular meeting held on the 1 day
of October , 1973.
ATTEST:
CLERK OF T~E COUNCIL
ORDINANCE NS-1187
PAGE SIX
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF SANTA ANA )
ss
I, FLORENCE I. MALONE, do hereby certify that I am
the Clerk of the Council of the City of Santa Ana; that
the foregoing Ordinance was introduced to said Council at
its regular meeting held on the 1~ day of
~e~Je~xber , 1973 and was again considered by
said Council at its meeting held on the 1 day
of October , 1973, and was at said meeting
passed and adopted by the following vote, to wit:
AYES, COUNCILMEN:
NOES, COUNCILMEN:
Griset, Yamamoto, Markel, Garthe,
Evans, Ward
None
ABSENT,
COUNCILMEN: PattersQn
CLERK OF THE COUNCIL
S A. Wi~RS, C~I~TORNEY