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HomeMy Public PortalAboutOrd. 1217ORDINANCE N0. 1217 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD TO AMEND LYNWOOD CODE, CHAPTER 30, IMPOSING A SALES AND USE TAX TO BE ADMINISTER- ED BY THE STATE BOARD OF E4UALIZATION. follows: The City Council of the City of Lynwood does ordain as Section 1. Section 30-21 of the Lynwood_Code, Chapter 30, is amended by amending paragraph (G) thereof to read: (G) There shall be excluded from the gross re- ceipts by which the tax is measured: (1) The amount of any sales or use tax imposed by the State of California upon a retailer or consumer; (2) The gross receipts from the sale of tangible personal property to oper- ators of aircraft to be used or con- sumed principally outside the city in which the sale is made and direct- ly 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 2. Section 30-22 of the Lynwood Code, Chapter 30, is amended by amending paragraph (E) thereof to read: (E) There shall be exempt from the tax due under this Section: (1) The amount of any sales or use tax im- posed by the State of California upon a retailer or consumer; (2) The storage, use or other consumption o£ 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 Re- venue and Taxation Code by any city and county, county, or city, in this state; (3) In addition to the exemptions provided in Sections 6366 and 6366.1 of the Re- venue and Taxation Code, the storage, use, or other consumption of tangible personal property purchased by operators of air- craft and used or consumed by such opera. ators directly and exclusively in the use of such aircraft as common carriers of persons or property for hire or compen- sation under a certificate of public con- venience and necessity issued pursuant to the laws of this state, the United States, or any foreign government. (Page 1 of 3) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD TO AMEND LYNWOOD CODE, CHAPTER,30, IMPOSING A SALES AND USE TAX TO BE AD- MINISTERED BY THE STATE BOARD OF EQUALIZATION (Continued) Section 3. Section 30-21, Paragraph (G) of Lynwood Code, Chapter 30, as amended by Section 1 of this Ordinance, is amended to read: (G) There shall be excluded £rom the gross receipts by which the tax is measured: (1) The amount of any sales or use tax im- posed by the State of California upon a retailer or consumer; (2) The gross receipts from the sale of tangible personal property to operators of waterborn 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; (3) The gross receipts from the sale of tangible personal property to operators of aircraft to be used or consumed principally outside the city in wliich 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 4. Section 30-22, Paragraph (E) of the Lynwood Code, Chapter 30, as amended by Section 2 0£ this Ordinance, is amended to read: (E) There shall be exempt from the tax. due under this Section: (1) The amount of any sales or use tax imposed by the State of California upon a retailer or consumer; (2) The storage, use or other consumption of tangible personal property, the gross re- ceipts from the sale of which has 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; (3) 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; (4) 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 pur- suant to the laws of this state, the United States, or any foreign government. Section 5. Sections 1 and 2 of this Ordinance shall be operative January 1, 1984. (Page 2 of 3) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD TO AMEND LYNWOOD CODE, CHAPTER 30, IMPOSING A SALES AND USE TAX TO BE ADMINISTERED BY THE STATE BOARD'OF EQUALIZATION - (Continued); Section 6. Sections 3 and 4 of this Ordinance shall be operative on the operative date of any act of the Legis- lature of the State of California which amends or repeals and reenacts Section 7202 of the Revenue and Taxation Code to provide an exemption from city sales and use taxes 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 as those subdivisions read on October 1, 1983. First read at a regular meeting of the City Council of the City of Lynwood held on the 6th day of December , 1983, and finally ordered published at a regular meeting of said Council held on the 20th day of December , 1983. AYES: COUNCILMEN BYORK, HENNING, ROWE, THOMPSON, MORRIS NOES: NONE ABSENT: NONE ATTEST: WGc-GLiC1-lla---~ ~ ~~LZ~~.C~ ANDREA L. HOOPER, CITY LERK .> E. L. MOP.R S, MAYOR CITY OF LYNWOOD PPROVED AS TO CONTENT: APPROVED AS TO FORM: VID MC W N, CITY ATTORNEY /. ~'ti+k~ ~~ (Page 3 of 3) ,, STATE OF CALIFORNIA ) ss. COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, and ex-officio clerk of the Council of said City, do hereby certify that the above is a true and correct copy of Ordinance No. 1217 adopted by the City Council of the City of Lynwood, and that the same was passed on the date and by the vote therein stated. Dated this 23rd day of December 19$3 (SEP,L) City Clerk, City of Lynwoo