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Ordinance - 7261 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 ORDINANCE NO. 726 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING CERTAIN SECTIONS OF THE WEST COVINA MUNICIPAL CODE RELATING TO THE SALES AND USE TAX. The City Council of the City of WEST COVINA does ordain as follows: Paragraph (e) of Section-L/Section 6101 of the West Covina Municipal Code is repealed. §ection 2. Section 6104 of said code is amended to read: '6104. RETAIL SALES. PLACE OF CONSUMMATION. For thepurposes of this oullawme, all retail sales Chapter 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 desti- nation. 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 permanentplace 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 andregulations to be prescribed and adopted by the Boardof Equalization. Paragraph b) of Section /Section of said code'is repealed. Paragraph (c of Section . Section of said code is renumbered to(b) - �p tion 5. Section 6111 of said code is amended to read: 6111. SUBSTITUTION OF CITY FOR STATE. Wherever, and to the extent that, in Part 1 of Di- vision2of the said Revenue and Taxation Code the State of California is named or referred to as the taxing agency, the name of this City shall be substituted therefor. Nothing in this subdivision shall be deemed to require the substi- tution 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 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 substituted for that of the State in any section when the result of that substi- tution would require action to be taken by or against the City or any agency thereof rather than by or against the State Board of Equalization, in performing Chapter; the functions incident to the administration or operation of this off; 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 boundaries 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 1 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 personal 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 Section6203 nor in the definition of that phrase in Section 6203. Paragraph b) of Section�./Section bl I P of said code is amended to read: "�-b).TAXED BY OTHER CITY OR COUNTY. 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. MVJ0 KX The City Clerk shall certify to the adoption of this ordinance and shall cause the same to be published as required by law. Passed and approved this -4 7& day of November, 1961. • • STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF NEST COVINA ) I. ROBERT FLOTTEN, City Clerk of the City of West Covina, do hereby certify that the foregoing ordinance No. 726 was regularly introduced and placed upon its first reading at a regular meeting of the,City Council on the 13th day of November, 1961. That, there- after, said ordinance was duly adopted and passed at a regular meeting of the City Council on the 27th day of November, 1961, by the following vote, to -wit: AYES: Councilmen: Adams, Towner, Barnes, Snyder, Mayor Heath NOES: Councilmen None ABSENT: Councilman: None City Clerk I HEREBY CERTIFY that the annexed copy is a full, true and exact copy of Ordinance No. 726 adopted by the City Council of the City of West Covina. P Dated: Y7 CiyCer City of West Covina, California