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Ordinance - 464ORDINANCE NO.464 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING SECTIONS 4 and 5 OF ORDINANCE NO.369 OF THE CITY OF WEST COVINA , . KNOWN AS THE SALES TAX ORDINANCE. THE CITY COUNCIL OF THE CITY OF WEST COVINA DOES ORDAIN AS FOLLOWS: SECTION 1.. That Section 4 of Ordinance No.369 of the City of West Covina, entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE; CITY OF WEST COVINA, CALIFORNIA, IMPOSING A LICENSE TAX FOR THE PRIVILEGE OF SELLING TANGIBLE PERSONAL PROPERTY AT RETAIL, PROVIDING FOR PERMITS TO RETAILERS, PROVIDING FOR THE COLLECTING AND PAYING OF SUCH TAX, AND PRESCRIBING PENALTIES FOR VIOLATIONS OF THE PROVISIONS HEREOFtt, adopted April 25, 1955, be and the same is hereby amended so as to read as follows: "Section_ 4. ADOPTION OF STATE SALES TAX LAW BY REFERENCE. EXCEPTI0NS. A. All of the provisions of the "Sales and Use Tax Law", as amended and in force and effect on April 1, 1956, except the provisions thereof pertaining solely to the "Use Tax" and Sections 6051, 60529.6053960669 6067, 6068, 6069, 6070, 60719 64519 70529 70569 71019 71029 71519 71529 7153, applic- able to sales of property at retail, are hereby adopted and made a part of this ordinance as ' thoughfully set forth herein, and all provisions of any other ordinance in conflict therewith are inapplicable to this ordinance and the tax hereby imposed. B. The term "gross receipts", as used herein, does not • include the amount of any tax imposed by the State of Calif- ornia upon or with respect to retail sales whether imposed upon the retailer or upon the consumer. C. The term "sale" shall mean and include, in addition to the meanings contained in paragraph A of this section, the withdrawal by a retailer in this City of tangible personal property from a place in this City, from a place in California outside this City under the control of the retailer, or from a place in California outside this City at the order of the retailer, for delivery in any manner at a point in California outside this City under such circumstances that the transaction of which the withdrawal is a part would have been considered a sale within the meaning of Paragraph A of this section had the point of delivery been within this City. Provided,however, -1- that withdrawals pursuant to a transaction in foreign or inter- state commerce shall not be sales for the purpose of this section. Charges made for the delivery of tangible personal property so withdrawn shall be included in the gross receipts by which the tax imposed under this section is measured unless such charges are separately stated and are imposed for transportation which occurs after the sale of the property to the purchaser. D. All of the provisions of the "Sales and Use Tax Law" hereby adopted, providing for the adoption of rules and regulations and for hearings on the part of the State Board of .Equalization, shall be performed by the City Council of the City of West Covina. All other provisions of the t'Sales and Use Tax Law" hereby adopted, providing for the performance of official action on the part of the State • Board of Equalization, shall be performed by the City Chief Finance Officer of the City of West Covina. E. The City of West Covina shall be deemed substituted for the State of California whenever the State is referred to in said "Sales and Use Tax Law.". F. The City Attorney of West Covina shall be deemed substituted for the Attorney General whenever the Attorney General is referred to in said "Sales and Use Tax Law". G. The City Chief Finance Officer of the City of West Covina shall be deemed substituted for the State Controller whenever the State Controller or State Board of Control are referred to in said "Sales and Use'Tax Law". H. The County of Los Angeles shall be deemed substituted for the County of Sacramento whenever the County of Sacramento is referred to in said «Sales and Use Tax Law". SECTION 2. That Section 5 of said ordinance No.369 be and the same is hereby amended so as to read as follows: "Section 5. EXEMPTIONS. In addition to the exemptions contained in Part of' Division 2 of the Revenue and Taxation Code of the State :of California, after April 1 19561 there shall be excluded from the computation of -the .tax gross .receipts from: A. The amount of any sales or use tax imposed by the State of California upon a retailer or consumer. B. Receipts from the sale of tangible personal property upon which a sales or use tax has become due by reason of the same transaction to any other city and county, county other than Los Angeles County, or city in this state under a sales or use tax ordinance enacted by that city in this state under a sales or use tax ordinance enacted by that city and county, county other than Los Angeles County, or city in this state, whether in accordance with, or purporting to -2- NE A be in accordance with Part 1.5 of Division 2 of the Revenue and Taxation Code of the State of California, or in accord- ance with the organic law of any such city. C. Receipts from sales to operators of common carrier and waterborne vessels of property to be used or consumed in the operation of such common carriers or waterborne vessels principally outside of this City. D. Sales made pursuant to contracts actually executed in good faith prior to the effective date of this ordinance." SECTION 3. That said Ordinance No.369 be and the same is hereby amended as in Sections 1 and 2 hereinabove provided. SECTION 4. The City Clerk shall certify to the adoption of. this Ordinance, and prior to the expiration of fifteen (15) days from the passage thereof, shall cause the same to be published once in the West Covina Tribune, a newspaper of general circulation published and circulated in the City of West Covina, and thirty (30) days from and after the final passage thereof said Ordinance shall and be in force. ATTEST: City Clerk take effect I HEREBY CERTIFY that the foregoing Ordinance was adopted at a regular meeting of the City Council of the City of West Covina, held on the day of April, 1956, by the affirmative vote of at least three Councilmen, to wit: AYES: Councilmen JAMES W. RAY SETT C. VA111 HORN J. CAL SPERLINE J� JAY D. L:;OWN JOT'- HURST, MAYOR NOES: I , 6 lV e- ABSENT: IY o K City Clerk of the Uity of WestCovina -3-