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HomeMy WebLinkAboutORD NO 2138 ORDINANCE NO. 2138 NEW SERIES AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING SUBPARAGRAPH (3) OF PARAGRAPH (b) OF SECTION 6.08.040, ADDING SUBPARAGRAPH (4.5) TO PARAGRAPH (b) OF SECTION 6.08.040, ADDING SUBPARAGRAPH (3.5) TO PARAGRAPH (b) OF SECTION 6.08.050 AND ADDING SECTION 6.08.061 TO CHAPTER 6.08 OF TITLE 6 OF THE MUNICIPAL CODE, CONCERNING SALES AND USE TAX. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. That subparagraph (3) of paragraph (b) of Section 6.08.040 of Chapter 6.08 of the Municipal Code of 'the City of Bakersfield is hereby amended to read as follows: (3) If a seller's permit has been issued to a retailer under Section 6067 of the said Revenue and Taxation Code, an additional seller's permit shall not be required by reason of this section. SECTION 2. That subparagraph (4.5) is here~y added to paragraph (b) of Section 6.08.040 of said Municipal Code to read as follows: (4.5) There shall be excluded from the gross receipts by which the tax is measured: (i) The amount of any sales or use tax imposed by the State of California upon a retailer or consumer. ' (ii) 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. (iii) The gross receipts from the sale of tangible personal property to operators of aircraft to be used or consumed principally 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. SECTION 3. That subparagraph (3.5) is hereby added to paragraph (b) of Section 6.08.050 of said Municipal Code to read as follows: (3.5) There shall be exempt from the tax due under this section: (i) The amount of any sales or use tax imposed by the State of California upon a retailer or consumer. (ii) 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 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. (iii) 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 in such vessels for commercial purposes. (iv) 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 -2- purchased 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 compensation under a certificate of public convenience and necessity issued pursuant to the laws of this state, the United States, or any foreign government. SECTION 4. That Section 6.08.061 is hereby added to Chapter 6.08 of the said ~nicipal Code to read as follows: 6.08.061 ~pplication of Provisions Relating to Exclusions and Exemptions. (a) Sections 6.08~040 (b) (4.5), and 6.08.050 (b) (3.5) of this Chapter 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 Sections 6.08. 040 (b) (4) and 6.08. 050 (b) (3) of this Chapter shall become inoperative. (b) In the event that Sections 6.08.040 (b) (4.5) and 6.08.050 (b) (3.5) of this Chapter become operative and the State Board of Equalization subsequently adopts an assessment ratio for state-assessed property which is higher than the ratio which is required for local assessments by Section 401 of the Revenue and Taxation Codes Sections 6.08.040 (b) (4) and 6.08.050 (b) (3) of this Chapter shall become operative on the first day of the month following the month in which such higher ratio is adopted, at which time Sections 6.08.040 (b) (4.5) ~nd 6.08.050 (b) (3.5) Of this -3- Chapter shall become inoperative until the first day of the month following the month in which the Board again adopts an assessment 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 SectionS 6.08.040 (b) (4.5) and 6.08.050 (b) (3.5) shall again become operative and Sections 6.08.040 (b) (4) and 6.08.050 (b) (3) shall become inoperative. SECTION 5. This ordinance shall be Operative on January 1, 1974 and shall become effective thirty days from and after the date of its passage. ..... o0o ..... -4- I HEREBY CERTIFY that the foregoing ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on the 15th day of October , 1973, by the following vote: Council of the City of Bakersfield APPROVED this 15th day of October ., 1973. ~A_YOR of Baker: .d APPROVED AS TO FORM: CITY ATTORNEY df thed~ity of Bakersfield Affi av ! of Ore,nantes STATE OF CALIFORNIA,~ ss. County of Kern ~ 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 that on ....................... .O...c...t..o..~...e..r.....1...6.. ..................................... ,19..7...3... 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 meeting thereof duly held on ............... _0~J:.ab.~....1.5 ........................ 19..7.3.., which ordinance was numbered ............. ..2..1...3...8. ................. New Series, and entitled: AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING SUBPARAGRAPH (3) OF PARAGRAPH (b) OF SECTION 6.08.040, ADDING SUBPARAGRAPH (4.5) TO PARAGRAPH (b) OF SECTION 6.08.040, ADDING SUBPARAGRAPH (3.5) TO PARAGRAPH (b) OF SECTION 6.08.050 AND ADDING SECTION 6.08.061 TO CHAPTER 6.08 OF TITLE 6 OF THE MUNICIPAL CODE, CONCERNING SALES AND USE TAX. City Clerk Subscribed and sworn to before me this ............ ~/~ ~ co~ ~,~ cou~