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HomeMy WebLinkAbout106ORDINANCE NO. 106 AN ORDINANCE TO AMEND THE UNIFORM LOCAL SALES AND USE TAX ORDINANCE The City Council of the City of Irwindale does ordain does ordain as follows: SECTION 1. SECTION 2(e) of the Uniform Local Sales and Use Tax Ordinance (Ordinance No. 24) is repealed. SECTION 2. SECTION 4(a)(2) of said ordinance is amended to read: 4(a)(2) For the purposes of this ordinance, all retail sales are consummated at the place of business of the retailer unless the tangible personal property sold is delivered by the retailer or his agent to an out - of -State destination or to a common carrier for delivery to an out -of -State destination. The gross receipts from such sales shall include delivery charges, when such charges are subject to the State sales and use tax, regardless of the place to which delivery is made. In the event a retailer has no permanent place of business in the State or has more than one place of business, the place or places at which the retail sales are consummated shall be determined under rules and regulations to be pres- cribed and adopted by the Board of Equalization. SECTION 3. SECTION 4(b) (4)(11) of said ordinance is repealed. SECTION 4. SECTION 4(b) (4)(iii) of said ordinance is renumbered to 4(b)(4)(ii). SECTION 5. SECTION 5(b)(2) of said ordinance is amended to read: 5(b)(2) Wherever, and to the extent that, in Part I of Division 2 of the said Revenue and Taxation Code the the State of California is named or referred to as the taxing agency, the name of this City shall be sub- stituted therefor. Nothing in this subdivision shall be deemed to require the substitution of the name 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 name of the State Treasury, or of the Constitution of the State of California; nor shall the name of the City be substi- tuted 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 Equal- ization, in performing the functions incident to the administration or operation of this ordinance; and neither shall the substitution be deemed to have been made in those sections, including but not necessarily limited to, sections referring to the exterior boun- daries of the State of California, where the result of the substitution would be to provide an exemption from this tax with respect to certain storage, use or other consumption of tangible personal property which would not otherwise be exempt from this tax while such storage, use or other consumption remains subject to tax by the State under the provisions of Part I of Division 2 of the said Revenue and Taxation Code, or to impose this tax with respect to certain storage, use or other consumption of tangible per- sonal property which would not be subject to tax by the State under the said 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, 6737, 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. SECTION 6. SECTION 5(b)(3)(ii) of said ordinance is amended to read: 5(b)(3)(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. SECTION 7. This ordinance shall become operative on January 1, 1962. SECTION 8. Publication. Adopted this 20th day of November, 1961. __� /�7 ✓tom-e.-e�� Mayor ATTEST: ' /b Acting City C rk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF IRWINDALE ) I, LEE B. YOUNG, City Clerk of the City of Irwindale do hereby certify that the foregoing Ordinance No. 106 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 6th day of November, 1961. That thereafter, said Ordinance was duly adopted at a regular meeting of the City Council on the 20th day of November, 1961, by the following vote, to -wit: AYES: COUNCILMEN: Miranda, Diaz, Martinez and Breceda NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: Sill a. Act ng City Clerk — STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF IRWINDALE ) LEE B. YOUNG, being first duly sworn, deposes and says; That she is the Acting City Clerk of the City of Irwindale, California, that she is and was at all times herein mentioned a citizen of the United States over the age of eighteen (18) years and competent to be a witness herein. On November 24, 1961, she securely and conspicuously posted at each of the public places in said City, to -wit: 1. 5140 North Irwindale Avenue; 2. Post Office on Irwindale Avenue; 3. At or near the door of the Council Chambers, 5050 North Irwindale Avenue; a copy of Ordinance No. 106 of the City of Irwindale being in all respects the same as that attached hereto and made a part hereof. Dated November 24, 1961. Acting City Irwindale,