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HomeMy Public PortalAboutOrdinance 278ORDINANC NOo 278 AY OF i:ATY ASAUXONT INPO5INC AN TAX ON TH:r. i.JS ft OMR CONSUMPTION OF TAN. GIAX V,:IISONAL PIRNTY., COaCIL OF TiiE liA0MONT DOM. OUAIN AS FOL“:1VS: 1, include- the exA-cise of any right or power over tangible personal property Inci6ent to the ownership of that property, subject, however, to the f011owing exemptions: (a) It does not incluse the sale of that property in th re1r ourF)e, of business; (b) It dos not include the keeping, retaining or exercng of any right or power over tangible personal property wAch is thereafter transported. outside the City. for principal use or consumption outside the tAty, and which propertr is actually so used or consumed; (c) Tt (loes not include the use of such property. for the plronse of being processed, fabricated, or manufactured into, attached to or incorporated nto, other tangible personal nronerty ich is to be transported outsiae the City and theroafter used outside the. City, or which is to be subsequently. 010, or resold in the regular course of business; (d) It dots not include the exercise of any right or power over tangible personal property incident to ownership of that property if such property was purchased for principal use, or consumption outside the. City an.1 is so used or consumed, (e) it does not include theuse of tangible personal property actually employed in the transportation or transmission of persons property, gas, electricity or communications in intra- state, inter.. tate, or foreign commerce by public utilities ro. guated by the Public Jtilities omIldssion of the State of fornia. SECTION 2, IhPOSITION ANL 0P TAX. An excise tax is hereby imposed on the use or °the_ on. sihmption in the .A.ty o aumont of. tangible personal proper. pnrcaed from. any retailer on or after the effective date of this ordinance for is or other consumption in mad at the rate of one (1) per cent of the sales price of the property. SE;;;TIDN 3. US:: TAX .ITSVID IN SliE .1ANNER AS STATE TAX. The tax hereby levied, oxcept as otherwiseherein pro- vided, is levied in the, same manner, to the sameextent and under the same condition as use taxes are. levied pursuant to. ?art I of i_vision 2 of the California Revenue and Taxation Code, known as the 'ales and Use Tax Lau° as amended and in force and ef,. fe t on October. 1, 1951. 4. OV STATE USE TAX LAI, BY kl.:RE.NC :(;:PTIONS. All te provisions of the "Sales and Use Tax Law" as amended and in force and effect on October 1, 1951, except the provisions thereof portainingsolely to the "Sales Tax" and Sections 6003, 6201, to 6204; inclusive, 62070 6226, 6241 to (246, inc1usive, 403, 6453, 7052, 7056, 7057, 7101, 7102, 7151, 7152, and 7153, are hereby adopted.. and made a part of this ordi- nance as though fully set forth herein, and all provisions of any other ordinarce in conflict therewith areinahplicable to this. ord`inance and the tax hereby imposed; providedthat theterm "Sales price" shall not include the amount of any California :nte sales tax or use tax end that theword "Storage" shall for the purposes of this ordinance be deemed deleted from those provisions of the California evenue and Taxation Code adopted by reference, t being the intent of the Council that thetax imposed by this ordinance shall not apply to the storage of tangible person111 prolrEty, .1024193 All of the provisions of the. "Sales and, Use Tax ta410, hereb7 adopted previdirw for the adoption of rules and regulations and for hearins on. the part of the. State Board of Equalization Shall be performed by the Council of the of :ieaumont. All other provisions of the State "Sales and Use. Tax Law" hereTh. adopted providing or the performance of official action on the part of the State oard of Z,eualization shall be performed by the City Treasurer, The City of heaumont shall he deemed substituted. or the State of California whenever the State is rcferred to in said "Sales and tis e Tax Law. 11 The City Treasurer shall ".e deemed substituted. forthe State Cohtroller and State 'Board of Control whenever the State Contreller or tate Board. of Control ace referred to i said "Sales and Use Tax Law." TIO; 5, M ;T io O WLES ANL, 247ATIONS BY REPFRJCP, The rules and regulations of the State iioard of Equalization pertaining to the interpretation, administration and enforce';:not of the "sales and Use. Tax taw," insofar as applicable, and availablf! ;hall apply to the interpretation of this ordinance ntjspf,Afically abandoned by therules and regulations adopted by the Council. pursuant tothis ordinance, except for Rule 5Z) which is not applicable to this ordinance. SECTIM 6. INILIATIONo The inclusion of any clause, portion or part of the "Sales and Use Tax Law,'art 1, Division 2 of the. Revenue and Taxation Code of the State of California, verbatim in this ordinance shall not in or of itself deemed. to exclude any of the remaining provisions of said "Sales and UFe Tax Law" that are made a part hereof by reference only. SECTION 7. DOTY TO COLLECT TAX. lory retailer maintaining a place of business in, this City shall app.y to the City Teeasurer for authorization to collect the tax istpooed by this orSinance. Any retailer not maintaining a place of business in this City may apply to the City Treasurer for aothorization to colloct ti tax hereby imposed. Upon r- ceipt of any application in such form as required by him, the ciy Treasurer, in the case of a retailsr iaaintaining a place of business in th ity, ay authorize ti a applicant to make soch collections and to forward the same to the City i'reasurer. arcTioN 8. 1>H.RSON6 LiAtit, TO TAX, TOsory person using or otherwise consuming in this City tangible personal property purchased fro s a retailer, is liable for thetax; provided, however, no tax shall be due hereonder if thestax imposed by Ordinance No..135 (Sales Tax) of the City of eaomont has been paid on the sale of such property, The liability of such person is not extinguished until the tax has been paid to the C-ty of Oeaumont except that a receipt from a retailer authorized pursuant to Section 7 hereof to collect the tax, given to the purchaser pursuant to'Oection 9 hereof, is sufficient to relivo the purchaser from, further liatility for the tax to which the receipt refers. SCTLiN 9 COI,UCTION TANLV TAfLrk. Arry retailer who is authorized by the City Treasurer to collect tOo tax imposed by this ordinance and woo makes sales of tangible personal property for use or other consumotion in this City, not exeivted under the provisions of this oz-diDancel shall collect the t-- from tso purchasor at the tima of matsins the sale, or, if' the use or othr consumption of the tata71111 personal property is not then taxable hereunder at t'hetime the use or other consumption becomes taxable. Soon collectino the tax, the retailer, on demand, shall give to the purchaser a receipt therefor in the manner and form prescribed by the City Treasorer. The tax .so collected by the retailer shall be held in. trust by him for the City and shall be paid to to City by the -4- retailer inthe manner and at the times elsewhere provided in this 'ordinance. :UJN 19, DISPLAy oF TAX FRog LIST OR OTHER PRICE. The tax so collected by the retailer fror the purchaser shall be displayed separately from the list price, the price advertised in the preeises, the narked price or other price on the sales chece or other proof of sale. SECTION 11, PRaONAL PROPE:TY To Iclaca TAX AaTLIES. F±xcept as otherwise specifically exempted, the tax hereby mposed applies to all tangible personal property located. in this City and purchased from a retailer; provided, however, that if the retailer in good faith. takes froe the purchaser a certificate that the propeety was not purchased for use ot con— semption in this City and, has not been nor will he so used or consumed, he shall be relieved of liability to collect and pay the tax. The certificate shalt be signed by and hear the nae of the purchaser, shall indicate the address of the purchaser and the place '.here such tareible personal property will be ased or consumed, the date of purcease, and shall be substantially in euch for as the City Treasurer may prescribe. S.CTION 12. In addition to those exouptions contained in Part 1 of Division 2 of the California kevenue and Taxation Code which are incorporated into this ordinance by reference, there shall be excluded from the computation of the tax the sales price of: (a) Purchases of property upon which a sales tax, purchase taxi use tax, purchase and use tax, Or any ofthem, has been legally imposed by and paid on the same transaction' to any City of the State of California, SECTION 1• ;,ITRATIN OF rvory retailer selling tangible pe,sonal property for use or oth r consumption in the City of Beaumont and which retailer maintains a place of besiness in said city or acts throeell agents located in s:id city aced which retailer is not licensed under the provisions of Ordinance No. 253 shall rerister l'ith the City Treaserer and ive the name and address of such aeeet or agents and office or other place of besinese in the city. SCCTION 140 ;)I1U DATE OP TAE5.0 Taxes imposed by this ordinance are det and payable to the City Treasurer on or before the last day of. the, month next succeeding each quarterly period, the first quarterly payment to he due and payable uneer this ordinance on or before the last day of April, 1956, The City Treasurer may require. returns end payment of the ameent of taxes for the quarterly peeiods other than calendar quarters eepeneine upon the principal place of or tee nature o the besiness of the seller or r e taller or may reclaim roterns ;Ind payment oC the amount of taxes for other than querterly periods. Si,CTION 15. R:TuieNS ach return filed by a retailer shall show the total sale price of the property solo' by him during the reporting period in respect of which he collected the tax hereby impoeed. Each retern filed by a pxchaser shall show the total sale price of the property purchased by nim during the reporting period, respect of which a tax is due under this ordinance. ALL reterns shall also show the amount of the taxes for the period covered by the return and such othor information as the City Treasurer deems necessary to the proper administration of this ordinance. S7CTION 16. ,ATENSION OF' TIME.. 'WAIVER OR COMPROMISE', The City Treasurer shall have power, for good caese Loown, to extent for a period of not to exceed thirtyeone (:JI) ,ece the tme 'or makin; any return or payine any amount reqeire iu be paid under this ordinance, when requeted so to do in write, before the same becomes oeltnquent. The City Treasurer may, win the written approval of the City Attorney, waive or compromise any penalty or intereet that would otherwise accrue unC,er lite provisions of thie ordinance. The City Treasurer shall make ancl transmit to the council quarterly, a detailed re ,ort of ano sums sc waived or compromised with tOe reasons therefor. SECTYTA 17. SOOLTOLTeS FOR }AY NT 0 TAX. The Council, by resolution, shall adopt rules prescribing methode and schedules for the collection and payment o the tax. Such schedules shall be so detormined as to facilitate collection of thie tax at the same time that the retailer collects the tax imposed under the California Sales and Use Tax Law and so as to produce an average tax return of one per cent on all purchases sobject to the use tax. SLICTION TAX. Ail- taxes hereby leviert shal'e be payee011eetpoj;hety:, Treasurer, ant any civilsulf .for the.. co1limA00 theveOr Aay. in. any coert of co7op.otert jurisdiction in the 't .•..:Al'ifornia/„ and t .City Attorney of Said, City ehall prosedate actt.on. The Ci y Treasurer' may at his option accept e :317hite of attforia, ,t.,sale Certificate as evidence that any sale is riot a sale for ds.e or ,,,enshThtin in the City of c4i,aulrent, hts he may in AiS discretion reqsdre an affidavit from the seller settL1 Ot < ihromakon respecting sucb neic as ne necessary to determine the nature of such sale. .'6EcTIOF OV All nies coliecteC '.(4.nder and pursuant to the pra- visions ef2 this einiv,,ce shall lenositd and 2aid into GeneraI hndof the Atyo umont, S'iC.f.4.0 210 c.:ItiLGING INFOX.VM No officer or employee of the City of -,eaumant having. an administrative nqty htVer this ordinance shall make knawn in any manner whatever the bosiness affairs, operations, •. In- formation obtained by an investigation o1 records and equip- ment ca;: any retailer or any other person visited or examined. th !ischarge. of official duty, or the amount or source of income, profits, loeses, expenditures or any particulars thereof, set forth or (Asclosed in any return, or pTmit any rotarlor copy thereof or any book containlog any abstract or particulars theroof to be seen or examined by any person4 iov-avrtro, tlie Council may, by resolotion, authorize examination of the retorns oy Federal. nr -)tate officers or eittploy.os, or r the taa officers of this or in othercity if a nooiprocal arrangement exists. ucces$ors, receivers, trustees, executors, adaloiotrators, assignees, an'i. ouarantore, if directly ioterested, may•• be Riven information as to. tie. iterie included in the measure an an.oLznttd of any .,tipzCid tax or amountE) of tax. required. to oe collected interest ane. penaltic. S;'TION 22. nNALTIS. Any person required. tomake, render, sign or verify any report under the provisions of this ordinance, who maes any false or fraudulent return with. intent to defeat or evade the 6etermluation of an count due and required to be paidhrea under, is guilty of a misdemeanor and. upon conviction thornof rhall punishabl by a fine of not more than *500.00 or by imprisonment for a period of not more than six. months, or by both fine and imprisonmont. STCTTO 23. SAAXo ?erson fir or corporation violating any the toms of this orlanance shall be deemed guilty of a. misdemeanor and or conviction thereof 5hal.I be. punishable by a ftnn of not more than. .:i,.500,01) or by imprisonment for a. period of not than six zonth5 or by bo th tzh in and imprIsonnt. 014 24. SrVRANITTY. rf any section, sub5ct;tiont aeotence, claose, phraseo or portion of this ordinance is for any mason held to in oll, or ancnnstitutional by no decision of any court of cow.tent juris(itctiono cb cisior shalt not affect the vaiidito of to: reoainino oortions of this ordioanc,?. The Oooncil of this Cit- horoOy declares that it woui0 have adopted tis ordinance and each section, sobsection, sentence, clause, ohrase, oi portion thoroof, irresoective of the ft tout any one or more sections, sobsections, clauses, phrases or portions be declared invalid or onconstitutional. XXXXXXXXIIIXXXXXXXXXXXXXX*XXXXXXXXXX TUX 4, 1XXXXXXXXXXXXXXXXXXXMIXXXONAXIMXXXXXXXXXXXXXXK XXXXWX1IX T I 2& RH. This ordinance shall be in fd1 force an tae effect nn F.ec.mbr 315t, 1955. .7. SrfA:TION 24). The bit Cir. ai1 certify to the passage of this 1rdinance and. 7shall cagso the sane t be giblIFTIod ohc; In the. 3eaAmont Gazettct 4 newspaper of xeneral circulation, 1.7.,1 City. of Attest! Y.ayor of the City of 4eaumont City Circ, rio hereby certify that the foreoing Ore was o 1ya.Jopted 1)y said ity o iii f tn LLty of :reaunont at a r:cAlar odkoirnee.i moetimg treof held on the 30th. day of November I955 iol1» ug voV,% Ayc! Councilmen Nunez, Ward, HarF;rave, Carman and Covardale. Noes: Councilmen Abet: Councilmen None. Nov. 30th.1955 &,ity