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Ordinance - 1229ORDINANCE NO. 1229 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING SECTION 6107 AND TO ADD SECTIONS 61o8.1, 6112.1 AND 6112.2 TO THE WEST COVINA MUNICIPAL CODE RELATING TO THE UNIFORM • LOCAL SALES AND USE TAX. The City Council of the City of West Covina does ordain as follows: SECTION 1. Section 6107 of the West Covina Municipal Code is amended to read: 116107. Seller's Permit. If a seller's permit has been issued to a retailer under Section 6067 of the said Revenue and Taxation Code, an additional seller's Eermit shall not be required by reason of this chapter.' SECTION 2. Section 6108.1 is added to the West Covina Municipal Code to read: 116108.1. Gross Receipts Exclusions. There shall be excluded from the gross receipts by which 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 operators of waterborne 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 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." SECTION 3. Section 6112.1 is added to said Code to read: "6112.1. Exemptions. There shall be exempt from the tax due under this chapter: (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 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 ang 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 3 6 and 6366.1 of the Revenue and storage, use, or other consumption property purchased by operators of consumed by such operators directly the use of such aircraft as common or property for hire or compensa.tio of public convenience and necessity the laws of this state, the United government." provided in Sections Taxation Code, the of tangible personal aircraft and used or and exclusively in carriers of persons n under a certificate issued pursuant to States, or any foreign SECTION 4. Section 6112.2 is added to said Code to read: "6112.2. Application of Provisions Relating to Exclusions and exemptions. (a) Sections 6108.1 and 6112.1 of this chapter shall become operative on January lst of the year following the year in which the State Board of Equalization adopts an assessment ratio for state -assessed property which is identical to the ratio which is required for local assessments by Section 401 of the Revenue and Taxation Code, at which time Sections 6108,and 6112 of this chapter shall become inoperative.;- (b) In the event that Sections 6108.1 and 6112.1 of this chapter become operative and the State Board of Equalization subsequently adopts an assessment ratio for state -assessed property which is higher that the ratio which is required for local assessments by Section 401 of the Revenue and Taxation Code, Sections 6108 and 6112 of this chapter shall become operative on the first day of the month following the month in which such higher ratio is adopted, at which time Sections 6108.1 and 6112.1 of this chapter shall become inoperative until the first day of the month following the month in which the Board again adopts an assessment ratio for state - assessed property which is identical to the ratio required for local assessments by Section 401 of the Revenue and Taxation Code, at which time Sections 6108.1 and 6112.1 shall again become operative and Sections 6108 and 6112 shall become inoperative." SECTION 5. This ordinance shall be operative on January 1, 1974. SECTION 6. The City Clerk shall certify to the passage of this ordinance and shall cause the same to be published as re- quired by law. Passed and approved this 9th 6 Attes City Clerk day of October , 1973. a. -2- STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS. CITY OF WEST COVINA I, LELA W. PRESTON, City Clerk of the City of West Covina., do hereby certify that the foregoing Ordinance No. 1229 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 24th day of September , 1973. That, there- after, said ordinance wat duly adopted and passed at a. regular meeting of the City Council on the 9th day.of October , 1973, by the following vote, to wit: AYES: Councilmen: Young, Nichols, Shearer, Chappell, Lloyd. NOES: Councilmen: None ABSENT: Councilmen: None APPROVED AS TO FORM: Ci�y Rttorney 6 L40 I I �0 M�MEMW 4 ON -3-