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HomeMy WebLinkAboutORD NO 716 PRI.V.~E"OF SELLING~ TANGIBLE PEaRsOn. ' '~:~' PRO~EN~.Y AT. RETAIL IN THE CITY OF"B~,~wI~T.~ ~ ~ ~OVIDING FOR ~JITS TO RET.AIL~S, ~ovID_ ~::. ~./t';~ ~.'~- ING FOR TE COLLECTION .A~ PAY~ OF sUC~.~.:" '~ T.~, AND PRESCRIBING ~NALTIES FOR vIOLATi~,:" BE.~IT ORD&I~D BY T~ COUNCIL OF T~ CITY OF B~SFIELD~. as follows: .,~ .. SECTION 1 For the P~ivilege of selling tangible persgnal property at retait~ a tax is hereby imDosed upon ~11 retailers at ~, rate .. one-half of one per cent ~/2%) of the gross receipts of any ~et-ailer_from the sale of all tangible personal property ~-at retail in the City of Bakersfield on or after OctoBer l, 1~6. tax 'imposed by the provisions of this ordinance is in addition'S'5 any and all other taxes imposed by any other ordinance of the City of Bakersfield. S~TION 2. The tax hereby levied, except as otherwise he~ein provided, is levied in the s~me ma~er, to the s~e extent and under ~ same conditions as sales taxes are levied pursuant/t° pa~t~i 0f Division 2 of the California Revenue and Taxation. Code, ~oWn~ as the "S-ales 'and Use Tax Law, as amended in force and effect on ~ctober 1~ i9~6. SECTION 3. The tax hereby imposed shall be colleCted~by the.:~retailer from the consumer insofar as it can be done. ./ SECTION ~. ~, The taxes imposed by this ordinance are due and'a~aBle to the Treasurer and Tax Collector of the City of Bakersfield"on~ or bef0re ~ the fifteenth day of the month~next succeeding ea~h~'~qUarterly .per%~0~ the first quarterly payment.to be du~ and payabl~e.~der this ordinance on the fifteenth day of January,. 19~7. "' ~... '.~ - S~TION ~. this °~din~nCe· .- . .shall be depa~ , and~ · ~ pai~?~''~ .' the City 0~ :,Bakersfield. ' ...... ~' :,/.~. ' .,-:~;~. ,.- The Treasurer :of ghe City of Bakersfield.... , for g e .~' extend~: for ~t more than thlr~:~.~%~ys the tlme:~r ~: any return or payt~ a~ s~ re:~red· to...~e pa.~~er,:' "The ex~e~ion, may be granted at'. ~ a~ time, provide~~quest: the~,~'"' -'~/'i'S filed with the Treasurer prior to'~~ency..~',' . . .. ~1~ taxes payable hero,der shall be dee~;;~nquen~ lf'..~':".'. ._he time required. W~'~'renuir~' ge~:~'.~'~-ald ....Dy ~n~s ordinance Is :not ~:-'~ .... :'; ~"~:--~ ~. paid.on.or before the .' d~ ~~ ch it beco~s delinquent, a penalty of 10% of~ the ~un~-~~~i be imposed~m~: an additio~l penalty of [~ of the ~riginal tax sh~L.~.,~e~"at the Every penalty shall' become a part of~ the tax imposed by t~s ordt~e. In no case~ however, shall the tot~ponalty exceed ~5~ of the origami:.' SECTION '7- '. ~ ~, It is ~awf~ for a~ retailer .to advertise or hold. out Or ~t~te.~ to the public or to a~ customer, directly or indireCtly that the ~tax or a~ part thereof will be ass~ed Or .absOrbed by the retailer 'or'that It will not be added to the selli~ price of the property s~ld, Or that, if added~, it or a~ part thereof will be ref~ded. · Every person desirl~ to e~age in or e°~duet business as a '.seller within the City of Bakersfield sh~l secure from the TreasUrer of ~aid .... City a permit for each place of business. SuCh.~Permits sha~ be'isSued by ghe Treasurer upon receipg of a written applicagion gherefor,,~,. .~ .. seg~l~'" act business, the location of his place or places~ 0f business and .such other i~ormation as ~he Treas~er may require. 'The apPlication SHall be ~ign~ b7 ~he own~.~f a nagu~ pe~on; In gho caso of· an or pa~gn, r~hlp~ b7 a ~o~bor o~~ p~g~;:..~.~ ~ho og~e ~':a .eorpo~t~on~ . by a~ execu~ive officer the corporation to Sign the appli¢$ti~?'A pQrmit i-~ not and ~ Y the person in~ name i~ ~ issued and for .. is valid onl for ~ ~ · '~? ~ the transaction of business at~.th~P~ce de~ted therei~$~~ of location may be endorsed . pon the permit ~the Tr~r upon the~ payment of a fee of $1.00. he permit Sh~!..~ ~t~.~s be conspiCu- ously displayed at the place for which issu~?~L~~' -'~ SECTION 9- Whenever a~ person fails to comply ~th a~ profUSion of this ordi~nce or a~ r~e or reg~ation adopted p~sua~~eto, the Treasurer, upon hearing, after givi~ suCh person ~en (10) da~s' ~tice in ~iti~ specifyi~ the~time and plaOe. O2 .~hemr~, ann re~ui=t~ Him to show cause why his permit or permits shO~ ~ot be revoked, may revoke or suspend a~ one or more of the permits held' ~y~ such person. The notice may be served person~ly or by mail, Th~L Treas~er shall not issue a new permit after the revocation of a. permit ~ess he ~is satisfied that the former holder of the ~permit will thereafter comply with the provisions of this ordin~ce and the r~es a~ reg~ations adopted pursuant hereto, and ~til a fee of $1.00 ~is Collected therefor. SECTION 10. .A~ person who engages in business as a seller in this City without a permit or per,ts, or while a permit iS~suspended or reVOked, and each officer of a~ corporation who so engages in bUsiness, is guilty of a misdemeanor. SECTION 11. '- For the purpose of the proper ad~stration of this ordi~nce and to prevent evasion of the sales tax, it sh~l ~be pressed that all gross receipts are subject to the tax until the contrary is established by the permittee. .......... --~..~ SECTION 12. The Treas~er, may at his option, accept~ a State of California Resale Certificate as evidence that a~ s~e is net a sale at retail, or he may in his discretion require an affidavit from the seller setting forth such information respectin~ such sale as he deems necessar~ te~ determine the nature of such sale. SECTION 13. ~ "Part 1 ~'~ .All of the provisions of the "Sales and Use Tax Z°aw, , Divis$on 2. of the Revenue and Taxation Code of the. S~ate of Californi~!~-· as amended and in force on October 1, 1956, except the p thereof pertaining solely to the Use Tax and SeCtions 6051~.i~0'52, 605.3,-~!. 6066, 6067, 6068, 6069, 6070, 6071, 6551, 65%9, 6%91, 6~~ 6937, ' inclusive, 6981, 70%2, 70%6, 7101, 7102, 7103., 7151,~715~ and 7153, applicable to sales of property at retail, are he~el~y adopted amd made a part of this ordinance as though fully set for%hherein~/,and~.~ll ~? · provisions of any other ordinance in conflict the~ewith~e inapplicable to this ordinance and the tax hereby imposed. All of {~e P~visions of the California "Sales and Use Tax Law" hereby 'adopted.~7~0viding for the performance of official action on the part of the,·State Board of Equalization, shall be performed by the TreasUre~.'.~ of the City .of ~Bakers- field. The City of Bakersfield shall be deemed substitut~.~for the State of California whenever the State is referred to in said prOvisionsl .Ail taxes hereby levied shall be payable to the Treasurer of 'the City of Bakersfield and any civil suit for the collection thereof may be filed in any court of competent Jurisdiction in the State of California,.. and the City Attorney of said City shall prosecute the action. · SECTION 15. The term "gross receipts~ as~ used herein~ doe's not include (1) the amount of any federal tax imposed upon or with'respect to retail sales~ whether imposed upon the retailer or upon~ he consumer, and regardless of whether or not the amount of federal tax is stated to customers as a separate charge; and (2) the amount 'of any California State Sales or Use Tax. The term "gross receiptS.'' includes the amount of any manufacturers' or importers' excise tax included, in .the price of the property sold, even though the manufacturer or importer is also the retailer thereof and whether or not the amount of such tax is stated as a separate charge. In addition to the exemptions cent~ained in Part i of DiviSl0~';!2~ of~ the Revenue and Taxation Code of the State of Californi~i. lthere shall be excluded from the ~computation of the tax ~gros~ ~receipts from: 1. Sales made to or by the State of California"i.~..~any agency, department, political subdivision, district or municipal corpora.t~al thereof. · Si~"this 2. Sales of property which is shipped to a Point~:oat city pursuant to the contract of sale by deliver~ by the'~ ilar to. such point by~ means of (&) facilities operated by the ret~ler; (B) de-~ livery by the retailer to a carrier for. shipment", to a~hsignee, at such point; or (C) delivery by the retailer to a castom's broke~r' forwarding agent for shipment outside this city,.~;~.? S Sales of property to be used in'CO'~tion With' ~~ ' ~ erection, construction, repair or alteration of either p~blic WOrks· or buil'~s belo~ing to or bei~ constructed by or on be~f of of the U~ted States Gover~ent, State of Califor,~ia or a~E~:age'ncy, d ' ·" '-' ~' epartment, politmcal subdivmsion, district or public or ~icip~ corporation of the State. $. Sales made pursuant to contracts actually, executed in ~.d faith prior to September 26, 1956. %. Sales of meals, food and dri~s sold or served· °'~coEon carriers Operating into, through or out of this city fro~.°r to points outside this city. - 6. Sales of property which is shipped from outside the city to purchasers within the city and which property, before being put to a~ use within the city~ is transported to points withoUt~ the city for principal use or other cons~ption outside the city. ~, Sales of tangible personal property ~hepe the contract of sale-is cortland and the title thereto passes outside of'.the ~erri- torial limits of the city and said goods are used outside of said city. 8. Sales of property to operators of co,on carriers to be used or cons~ed, in the operation of such co,on carriers, princiP~ly outside the city. -~ SECTION _~. · The Treasurer shall administer and enforce the provisions of this ordinance and, with the-~app~, o'~ the City Attorney, shall pre-~ scribe, adopt and enforce reasonable rules and regi~ationS for the purpose of administering, and enforcing this ordinance. SUch rul~~ .regulations may, among other things, require each retailer to ikeeD such records, receipts, invoices and other pertinent papers in the manner therein · set forth; arul provided further, that insofar as~'applicable and regulations of the State Board of Eo~UalizatiOn pertai~g 't° the interpretation, administration and enforcement of the prOviSions of the Revenue and Taxation Code. of the State of CalifOrnia shall a~ply in ~the interpretation of this ordinance until specifically abandoned by 'rules and regulatiOns adopted by the Treasurer pursuant to the authority granted by this ordinance. SECTION 16. · The inclusion of argr clause, portion or part of the State Sales and Use Tax Law, Part 1, Division 2 of the Revenueand Taxation Code. of the State of California, verbatim in this ordinance shall not in or of itself be deemed to exclude any of the remaining provisions of said Sales and Use Tax Law that are made a part hereofby~ reference only, SECTION 17. It is unlawful for any officer or employee of the City of Bakersfield, having an administrative duty under this ordinance to make known in any manner whatever the business affairs, operations, or information obtained by an investigation of records and equipment of any retailer or any other person visited or examined in the dis- charge of official duty, or the amount or source of income, profits, losses, expenditures, or any particular thereof, setforth or disclosed in any'return~ o~ to permit any return or copy thereof or any boo~ con- taining any abstract or particulars thereof t° be seen or examined by any person.~ .However, the City Manager may, by order, authorize examina- tion of the returns by Federal or State Officers or employees or by the taxofficers of this or any other City,~ if a reciprocal srrange~ent · eXiSts. Successors, receivers) trustees) executors, adm!n~s.t.rater.s~ assignees, and guarantors, if direc~'~interested) may be given information as to the items included in the measure and amounts of any unpaid taxes or amounts of tax reqUired to be cellected, interest and penalties. · SECTION 18. .&ny person who fails or refuses to furnish any retu~:~ required to be made hereunder, or who fails orrefuses to furnish~ ~pplemental return or other data required by the Treasurer) is guilty of a demeanor. A~ person required to make., render,. Signor verifY, any report~ under the provisions of this ordinance, who makes a~ f~se ?r 'fraudu- lent return, with the attempt to defeatm or evade the determl'~tion of an amount due and required to be paid hereunder, is guilty of a mis- demeanor. :' · SECTION 20. Any person~ firm or corporation violati~ any of the terms of this ordinance shall be deemed guilty of a misdemeanor. SECTION ~. .&ny person guilty of a misdemeanor hereUnder shall, upon conviction thereof, be ~unishable by a fine of not more than Five Hundred Dollars ($~O0.00) or by impriso~ent in the ~County Jail for not more than six (6) months, or by both such fine and impriso~ent. SECTION 22. If a~ section, subsection, sentence~ clause~ phrase~ or portion of this ordinance, includi~-but not limited to a~ exemption~ is~ for any reason~ held to be inv~id or ~constitutienal by the decision of anY-'~Ourt 0f' Co'mp'~t~n~' ~uriSdiction~' SUch decision shall not affect the validity of the remaini~ portions of this ordinance. The Council of the City of .Bakersfield hereby declares that it wo~d have adopted 7. .. . ' this' Ordinance and each section, subsection, sentence, clause,~:~hrase:i~:,;. or portion thereof, irrespective of the fact that any::~n~ sections, subsections, clauses, p~ases or portions be ~clared ........ O00 I ~BY C~TI~ that the foregoi~ Ordinance was P~;Ssed and adoPted by the Council of the City of Bakersfield~ at a~regular meeting thereof held on the 26th day of August, 1946~ b~"the folloW- !rig vote: AYES: ~CARNAK~S, CROSS, NORR?S, ~Y~ER, S~EMON, VAN~ERLEI, VERCAMME~ ~OTg: -.-~ ........................................... Marian S ~ Irvln ..~'~ City Clerk ~nd' Ex-Officio Clerk o~'~'~he C6UnciI Of the City of Bakersfiel&;, ~ ~' Deputy ~PPBOVED this 26they of August, 1946 M~0B o~ghe Cig7 of STATE OF CALIFORNIA) SS. County of Kern MARIAN S. IRVIN ~ being duly sworn, deposes and says: That he is the duly appointed, acting and qualified Clerk of the City of Bakersfield; and that on .......... Z....~_:....~..~_..._t~.... ................ 19~.~...._~he posted on the Bulletin Board at the U_ City Hall, a full, true and correct copy of an ordinance passed by the Council of said City at a meeting thereof duly held on .......................................................... , 19.4_~._., which ordinance was numbered ........................ New Series, and entitled: ".AN ORDIN.ANCE IMPOSING A SALES TAX FOR THE PRIVILEGE OF SELLING TANGIBLE PERSONAL PROP- ERTY AT RETAIL IN THE CITY OF BAKERSFIELD, PROVIDING FOR PERMITS TO RETAILERS, PROVIDING FOR THE COLLECTION .AND PAYmeNT OF SUCH TAX, .AND PRESCRIBING PENALTIES FOR VIOLATIONS OF THE PROVISIONS HEREOF." Subscribed and sworn to before me this ............ .~.~.....~.....day of ......... ~ ......... 19...4._~.... Notary Public in and for the Country of Kern, State of California. ~Y Commission Ex~;r~s April 16~