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Ordinance No. 562 - Sales and Use TaxesORDINANCE NO. 562 AN ORDINANCE OF THE CITY OF ROSEMEAD AMENDING CHAPTER 1 OF ARTICLE VI OF THE ROSEMEAD MUNICIPAL CODE RELATING TO SALES AND USE TAXES The City Council of the City of Rosemead does ordain as follows: Section 1. Section 6112 of the Rosemead Municipal Code is amended to read: 6112. EXCLUSIONS AND EXEMPTIONS. (a) The amount subject to tax shall not include any sales or use tax imposed by the State of California 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 subject to 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 shall be • exempt from the tax due under this ordinance. (c) There are exempted from the computation of the amount of the sales tax the gross receipts from the sale of tangible personal property to 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 this state, the United States, or any foreign government. (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 exclu- sively 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 government is exempted from the use tax. Section 2. Section 6112 of the Rosemead Municipal Code as amended by Section 1 of this ordinance is amended to read: 6112. EXCLUSIONS AND EXEMPTIONS. (a) The amount subject to tax shall not include any sales or use tax imposed by the State of California 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 subject to 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 shall be exempt from the tax due under this ordinance. (c) There are exempted from the computation of the amount of the sales tax the gross receipts from the sale of tangible personal property to operators of waterborne vessels to be used or consumed principally outside the city in which the sale is made and directly and exclu- sively in the carriage of persons or property in such vessels for commercial purposes. (d) 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 of such vessels for commercial purposes is exempted from the use tax. (e) There are exempted from the computation of the amount of the sales tax the gross receipts from the sale of tangible personal property to 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 this state, the United States, or any foreign government. (f) 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 exclu- sively 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 government is exempted from the use tax. 2 Section 3. 1984. Section 1 shall be operative January 1, Section 4. Section 2 shall be operative on the ' operative date of any act of the Legislature of the State of California which amends Section 7202 of the Revenue and Taxation Code or which 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 as those subdivisions read on October 1, 1983. Section S. This ordinance relates to taxes for the usual and current expenses of the City and shall take effect immediately. Section 6. The City Clerk shall certify to the adoption of this Ordinance. PASSED, APPROVED and ADOPTED this 27thday of December, 1983. Mayor ATTEST: City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) ss. CITY OF ROSEMEAD ) I, Ellen Poochigian, City Clerk of the City.of Rosemead, California, do hereby certify that the foregoing Ordinance . No. 562 was passed and adopted by the City Council of the City of Rosemead and signed by the Mayor at a regular meet- ing thereof held on the 27th day of December,.1983-and that the same was adopted by the following vote,-to wit:: AYES: Councilmen Imperial, Tury and Mayor Cleveland NAYES: None ABSENT: Councilman Cichy ABSTAIN: Councilman Taylor i ccgt2.c~ City Clerk of he City of Rosemead 3