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HomeMy Public PortalAboutOrdinance 5891 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 ORDINANCE NO. 589 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA, AMENDING SECTIONS 3.24.040 AND 3.24.050 OF THE BEAUMONT MUNICIPAL CODE DELETING THE EXEMPTIONS FROM SALES AND USE TAX FOR OPERATORS OF WATERBORNE VESSELS THE CITY COUNCIL OF THE CITY OF BEAUMONT DOES ORDAIN AS FOLLOWS: SECTION 1: Section 3.24.040(B)(4) is amended to read as follows: There shall be excluded from the gross receipts by which the tax is measured: (a) The amount of any sales or use tax imposed by the State upon a retailer or consumer; (b) The gross receipts from the sale of tangible personal pro- perty of 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 the State, the United States, or any foreign government. SECTION 2: Section 3.24.050(B)(3) is amended to read as follows: There shall be exempt from the tax due under this section: (a) The amount of any sales or use tax imposed by the State upon a retailer or consumer; (b) The storage, use or other consumption of tangible personal property, the gross receipts from the sale of which have been sub- ject 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; (c) 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 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 govern- ment. SECTION 3: Section 3.24.040(B)(4) is amended to read as follows: There shall be excluded from the gross receipts by which the tax is measured: (a) The amount of any sales or use tax imposed by the State upon a retailer or a consumer; (b) The gross receipts from the sale of tangible personal pro- perty to operators of waterborne vessels to be used or consumed partially 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; Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 City of Beaumont Ordinance No. 589 (c) The gross receipts from the sale of tangible personal pro- perty of operators of aircraft to be used or consumed principally outside the City in which the sale is made and directly and ex- clusively in the use of such aircraft as common carriers of persons or property under the authority of the laws of the State, the United States, or any foreign government. SECTION 4: Section 3.24.050(B)(3) is amended to read as follows: There shall be exempt from the tax due under this section: (a) The amount of any sales or use tax imposed by the State upon a retailer or consumer; (b) The storage, use or other consumption of tangible personal property, the gross receipts from the sale of which have been sub- ject 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; (c) The storage, use, or other consumption of tangible per- sonal 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; (d) 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 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 govern- ment. SECTION 5: Sections 1 and 2 of this ordinance shall be effec- tive immediately upon final passage, as this is an ordinance relating to taxes for the usual and current expenses of the City. SECTION 6: Sections 3 and 4 of this ordinance shall be opera- tive on the operative date of any act of the Legislature of the State of California which amends or repeals and reenacts Sections 7202 and 7203 of the Revenue and Taxation Code to provide an exemption from City sales and use tax for operators of waterborne vessels in the same, or substantially the same, language as that existing in Subdivisions (i)(7) and (i)(8) of Section 7202 of the Revenue and Taxation Code and Subdivision (e) of Section 7203 of the Revenue and Taxation Code as those subdivisions read on October 1, 1983. SECTION 7: This ordinance is passed, accepted and enacted, pursuant to Section 36934 of the California Government Code as an Urgency measure pursuant to the police power of the City of Beaumont. law. This Ordinance shall take effect as provided by Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 City of Beaumont Ordinance No. 589 INTRODUCED AND PASSED UPON FIRST READING this 30th day of January, 1984, upon the following roll call vote: AYES: Councilmen Lowry, May, Russo, Mitchell and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. AT EST: MAYOR OF THE CITY OF BEAUMONT Y CLERK (DEPUTY) PROVE AS TO FORM: CITY ATTORNE CERTIFICATION I, Julia White, Deputy City Clerk of the City of Beaumont DO HEREBY CERTIFY that the foregoing Urgency Ordinance was introduced at an adjourned meeting of the City Council of said City held on the 30th day of January, 1984, and was duly adopted upon first reading on the date herein set forth. DEP d Y CITY CLERK, CITY OF BEAUMONT Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 f APPROVES AS TO FORM: of the City shall continue shall constitute a separate offense. SECTION 10 (Municipal Code Section 1.01.100) CONSTITUTIONALITY. If any section, subsection, sentence, clause or phrase of this code is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this code. The Council hereby declares that it would have passed this code, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases had been declared invalid or unconstitutional, and if for any reason this code should be declared invalid or unconstitutional, then the original ordinance or ordinances shall be in full force and effect. 1984. AT MOVED, PASSED and ADOPTED this 9th Q Y CLERK day of January MA R OF THE CITY OF BEAUMONT CERTIFICATION 9 I, Julia White, Deputy City Clerk of the City of Beauuont DO HEREBY CERTIFY that the foregoing Ordinance was introduced at a regular meeting of the City Council of said City held on the 27th_ day of December , 1983, and was duly adopted upon second reading on the 9t _ day of Januar ; 1984, upon the following roll call vote AYES: Councilmen Lowry, May, Russo, Mitchell and Mayor Thompson. NOES: None. ABSTAIN: None. ABSENT: None. Y CLERK, CITY O BEAU. NT Page 3