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Ord 0621-AMENDING ORDINANCE NO. 40611 NO ORDINANCE NO. 621 AN ORDINANCE AMENDING ORDINANCE NO. 406 OF THE TOWN OF LOS GATOS, ENTITLED "'AN ORDINANCE OF THE TOWN OF LOS GATOS, IMPOSING A TOWN SALES AND USE TAX; PROVIDING FOR THE PERFORMANCE BY THE STATE BOARD OF EQUALIZATION OF ALL FUNCTIONS INCIDENT TO THE ADMINISTRATION, OPERATION AND COLLECTION OF THE SALES AND USE TAX HEREBY IMPOSED; SUS- PENDING THE PROVISIONS OF ORDINANCES NOS. 347 and 348 DURING SUCH TIME AS THIS ORDINANCE IS OPERATIVE; AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF". THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS: Section 1. That Ordinance No. 406 of the Town of Los Gatos entitled "AN ORDINANCE OF THE TOWN OF LOS GATOS, IMPOSING A TOWN SALES AND USE TAX; PROVIDING FOR THE PERFORMANCE BY THE STATE BOARD OF EQUALIZATION OF ALL FUNCTIONS INCIDENT TO THE ADMINIS- TRATION, OPERATION AND COLLECTION OF THE SALES AND USE TAX HEREBY IMPOSED; SUSPENDING THE PROVISIONS OF ORDINANCES NOS. 347 and 348 DURING SUCH TIME AS THIS ORDINANCE IS OPERATIVE; AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF", passed and adopted by the Town Council of the Town of Los Gatos on the 22nd day of September, 1956, be, and the same is hereby amended as follows: Section 2. Section 2 (e) is repealed. Section 3. Section 4(a) (2) 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 dtermined under rules and regulations to be prescribed and adopted by the Board of Equalization. - 1 - Section 4. Section 4 (b) (4) (ii) is repealed. Section 5. Section 4 (b) (4) (iii) is renumber to 4 (b) (ii). Section 6. Section 5 (b) (2) is amended to read: 5 (b) (2) Wherever, and to the extent that, in. Part 1 of Division 2 of the said Revenue and Taxation Code the State of California is named or referred to as the taxing agency, the name of this Town shall be substituted therfor. Nothing in this subdivision shall be deemed to require the substitution of the name of this Town for the work "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 Town be substituted for that of the State in any section when the result of that substitution would require action to be taken by or against the Town or any agency thereof rather than by or against the State Board of Equalization, 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 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 bb subject to tax by the State under the said provisions of that Code; and in addition, the name of the Town shall not be substituted for that of the State in Sections 6701, 6702 (except in the last 2 sentence thereof), 6711, 6715,6737, 6797 and 6828 of the said Revenue and Taxation Code as adopted, and the name of the Town 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 7. Section 5 (b) (3) (ii) 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 o-rdinance 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 8. This ordinance shall become operative on January 1, 1962. Section 9. This ordinance shall be published once in the Los Gatos Times-Saratoga Observer, a newspaper published in the Town of Los Gatos. The above and foregoing Ordinance was duly and regularly introduced at a continued regular meeting of the Town Council of the Town of Los Gatos held on the 30th day of October, 1961, and thereafter at a regular meeting held on the 6th day of November, 1961, duly and regularly adopted by the following vote: AYES: COUNCILMEN: James E. Donati John Lincoln NOES : ABSENT : Yam. E. Mason Gail E. Packard Alberto E. Merrill COUNCILMEN: None COUNCILMEN: None F r 0, UP- Th TOWN 70-Y - L0 g~ OSs 5 ATTEST: OWN LE OF E'_W~ 6F` I0GM'T - 3 -