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HomeMy WebLinkAbout12-A ORDI~',IANCE NO. 12-A LOCAL SALES ~ND USE TAX ORDI~L~NCE The City Council of the City of Saratoga does ordain as follows: Section 1_'._ Section 2 (e) of the Uniform Local Sales and Use Tax Ordinance (~l-dinance No. 12) is repealed° Section 21 Section 4 (a) {2) of said ordinance is mn~nded to redd: 4 (a) (2) For the purposes of this ~.~dinance, all retail sales are cons,mmated at the place of business of the retaile~' unless the tangible personal property sold is delivered by the retailer or his agent to an out-of-State destination or to a cc~on carrier for del.lvery to an out..of-State destination° The gross receip~s fran such sales shall ~.nc!ude deifycry ch~-~xges, when such charges are subjet~- to the S:'ate sales and use tax, regardless of the place to which delive~Tf is made. Zn the event a retailer has no permanent plz~e of business in the Scats or bms more than one place of business, the place or places at which the retail sales are cons,,-m-ted shell be determined u.,.der rules and regulations to be prescribed and adopt- ed by the Board of Equallzatiea0 Sec...._tian 3:. Secti~-~n 4 (b) (4) (ti) of said ordinance is repealed. Sectim~ 4: Section 4 (b) (4) (iii) of said ordinance is rent~nhered to 4 (b) (4) (ii). Section 5: Section 5 (b) (2) of said ordinance is ~-~-nded to read: 5 (b) (2) Wherever, and to the extent that, in Part 1 of Division 2 ef the said Revenue and Taxation Code the State of California is rhsmed or referred to as tb~' taxing agency, the of this City stnll he substituted therefor. Nothing in this sub- division shall be deemed to require the substitution of the n~rn-- 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 ,~me of the State Treasury, or of the Constitution of the State of California; nor shall the nane 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 administration or operation of this ordin- ance; and neither shall the substitution be deemed to have been made in those sections, including but not necessarily l~m{ted to, sections referring to the exterior boundaries of the State of California, where the result of the substitution would be to provide an exemptlea from this tax with respect to certain storage, use or other cons~n~p.t- ion of tangible personal property which would not etherwise be exempt from this tax while such storage, use or other consumption subject to tax by the State under the provisions of Part 1 of Divis- ion 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 sa.4.d 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, 6797 and 6828 of the said Revenue and Taxation Code as adopted, and the name of the City shall not be substituted for the word "State" in the phrase "retailer engaged in business in this State" in Section 6203 nor in the definition of that phrase in Section 6203. -1~ Section 6~ Section 5 (b) (3) (ii) of saic~ orc~tnance is enenc~ec~ to teed: , 5 (b~' (3) (it), The:storage, use or other consumption o~ ta~lgible personal property, the gross receipts from the sale of which h~. Been subject tO sales tax trader a sales and use. tax ordin- ance enacted in accordance with Part 1.5 of Division 2 of the Revenue and Taxation Code by any city and county, cooneye or~ city ~n this State. Section 7: This orc~inance shall become ope~:ative on ~Fanhary' 1~ 196~ Section S: CONSTITIY~ONALr1'Y.' 1£ any section, subsection, sentence, clause, phrase or portion of thie' orc~inance is for any reason held to he invalic~ or onconstitutional by the c~ecision of any court of cuu~etent jurisdiction, such cleC~sion shall not affect the validity of the remain~n~ portions of thie orc~in- ance or of Or~inance Noo 12, The City Council of the City of Saratoga hereby cleclates that it would ha~e adopted th~s orc~inance anc~ each section, subsect~on, sentence ~ clause, phrase ot portion thereof ~rtespective o~ the fact that any one or more sections, subsect~ons, sentences, clauses, phrases or portions thereof be declarec~ invalid or unconstitutional, This Ordinance was re~ulorly ~atroducac~ and after the waiting time tequited by law was therea£ter passec~ and ac~optecd the 6oh day of .D.e..ce~ber , 1961, by the ~ollowfil~ vote: A~S: Glennon, Langwill, Harman, Drake NC~S: None ABSENT: Brazil The above end ~oregoing is a true an~ correct copy 0~ 0rdina~ce ~i~ ~ which has been ; ~ - CI~ ~ ' ~ k Date