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HomeMy WebLinkAboutORD NO 1393 ORDINANCE NO. 1393_':. NEW SERIES AN ORDINANCE AMENDING SECTIONS 6.08.040 a. (2) 6.08.040 b. (4) (iii), 6.08.050 (b) (2), 6.08.050 lb) (3) (ii); RENUMBERING SECTION 6.08.040 b. (4) iii) TO 6.08.040 b. (4) (ii); AND REPEALING SECTIONS 6.08.020 (e), 6.08.040 b. (4) (ii) OF CHAPTER 6.O8 OF THE MUNICIPAL CODE OF THE CITY OF BAKERSFIELD KNOWN AS TH~ UN]FORM LOCAL SALES AND USE TAX ORDINANCE OF THE CITY OF BAKERSFIELD. The City Council of the City of Bakersfield does ordain as fo 1 lows: Section 1.. Section 6.08.020 (e) of the Municipal Code of the City of Bakersfield is repealed. Section 2. Section 6.08.040 a. (2) of said code is ~mended to read: For the purposes of this ordinance, all retail sales are cons~ ...... -ted at the place of business 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 co,,--on 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 rode. 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 r~_t. ail sales are consua,~,,ated shall be determined under rules and regulations to be prescribed and adopted by the Board of Equalization. Section 3. Section 6.08.040 b. (4) (ii) of said code is repealed. Section 4. Section 6.08.040 b. (4) (iii) of said code is renumbered to 6.08.040 b. (4) (ii) o Section 5. Section 6.08.050 (b) (2) of said code is nm,,uded to read: Wherever, and to the extent that, in Part 1 of Division 2 of the said 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 Consti- tution 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 adminis- tration or operation of this ordinance; 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 sub- stitution 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 remnins subject to tax by the State under the provisions of Part 1 of Division 2 of the said 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 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, and the name of the City shall not be substi- tuted for the ~ord "State" in the phrase "retailer engaged in business in this State" in Section 6203 nor in the definition of that phrase in Section 6203. Section 6. Section 6.08.050 (b) (3) (ii) of said code is amended to read: The stora§e, use or other consumption of tangible personal property, the gross receipts from the sale o£ which has been subject to sales tax under a sales and use tax ordinance enacted in accordance with Fart 1o5 of Division 2 of the Revenue and Taxation Code by any city and county, county, or city in this State. Section 7. EFFECTIVE DATE. This ordinance shall become operative on January 1, 1962. o0o I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a re~ularmeeting thereof held on the 20th day of Novembers 1961~ by the following vote: Council of the City of Bakersfield. APPROVED this 20th day of Novembers 1961. MAYOR o'f the City of Bakersfield. Af av ! of os ng ( r an es STATE OF CALIFORNIA, ) County of Kern~ ss. MARIAN S. IRVIN, being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and thai on-----t---h---e-----2-1---~---t-----d---a-~'-.---°-~--N-°---v--e~-b---e---r-~ ...................... , 19.....6..1. she posted on the Bulletin Board at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City at a m~eting thereof duly held on ......... ..~..h...e....~..~..~...h.....d-a.y.....~...f.....N..~-v....e~....b.~.e..~..~...~ 19...6..1..., which ordinance was numbered ............ .~..~__9..3..[ ............. New 8eries, and entitled: AN ORDINANCE AMENDING SECTIONS 6.08.040 a. (2) 6.08.040 b. (4) (iii), 6.08.050 (b) (2), 6.08.050 (b) (3) (ii) RENU~BERING SECTION 6.08.040 b. (4) (tli) TO 6.08.040 b. (4) (tt); AND REI~ALING SECTIONS 6.08.020 (e), 6.08.040 1~ (4) (ii) OF CHAPTER 6.08 OF THE ~UNICIPAL CODE OF THE CITY OF BAEERSFIELD I~OWN AS THE UNIF~ LOCAL SALES AND USE TAX ORDINANCE OF THE CITY OF BAKERSFIELD. Subscribed and sworn to before me this : My Commission ~.'xp~,.~q