Ord 1401 - IMPOSING A SALES AND USE TAX ON CERTAIN TRANSACTIONSI
ORDINANCE NO. 1401
AN ORDINANCE OF THE TOWN OF LOS GATOS
IMPOSING A SALES AND USE TAX ON
CERTAIN TRANSACTIONS
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS
FOLLOWS:
Sections
1.
Short title.
2.
Rate.
2.5.
Lesser rate.
3.
Operative date.
4.
Purpose.
5.
Administration, Rules and
Regulations, and Joint
Powers Agreement.
6.
Sales tax.
7.
Place of sale.
8.
Use tax.
9.
Adoption of provisions of
state law.
10.
Limitations on adoption of
state law.
11.
Permit not required.
12.
Exclusions and exemptions.
13.
Exclusions and exemptions.
14.
Application of provisions
relating to exclusions
and exemptions.
15.
Amendments.
16.
Enjoining collection forbidden.
17.
Penalties.
18.
Severability.
19.
Repeals.
20.
Effective date.
SECTION 1.
Short Title
This ordinance shall be known as the "Local Sales and Use Tax
Ordinance ".
SECTION 2.
Rate
The rate of sales tax and use tax imposed by this ordinance is
one per cent of the gross receipts of the retailer from the sale of
all tangible personal property sold at retail in the city on and
-1-
after the operative date of this ordinance.
SECTION 2.5.
Lesser Rate
It is the intention of the Council in adopting this ordinance
to tax the maximum rate up to the rate specified in Section 2.
If for any reason it is judicially determined that the Town cannot
tax at the full one per cent, it is the purpose of this ordinance
to impose such lesser tax as is lawful.
SECTION 3.
Operative Date
This ordinance shall be operative only when the Santa Clara
County Uniform Local Sales and Use Tax Ordinance; DIVISION A30,
CHAPTER II., SALES AND USE TAX, of the Santa Clara County Code,
becomes inoperative, whether pursuant to Section A30 -19 of the
Santa Clara County Code, or for any other reason.
SECTION 4.
Purpose
This ordinance is adopted to achieve the following, among other,
purposes, and directs that the provisions hereof be interpreted in
order to accomplish those purposes:
(a) To adopt a sales and use tax ordinance which complies with
the requirements and limitations contained in Government Code
Section 37101;
(b) To adopt a sales and use tax ordinance which incorporates
provisions identical to those of the Sales and Use Tax Law of the
State of California insofar as those provisions are no.t inconsistent
with the requirements and limitations contained in Government Code
Section 37101;
(c) To adopt a sales and use tax ordinance which can be
W-49
administered in a manner that will, to the degree possible, be
consistent with the provisions of Government Code section 37101,
minimize the cost of collecting city sales and use taxes and at
the same time minimize the burden of recordkeeping upon persons
subject to taxation under the provisions of this ordinance.
(d) To ensure that, if the Santa Clara County Uniform Local
Sales and Use Tax Ordinance becomes inoperative, this city will
continue to receive this essential source of revenue.
(e) To use any authority provided to general law cities besides
that provided by Government Code section 37101 and the Bradley -Burns
Uniform Sales and Use Tax Law, if either is insufficient or becomes
ineffective, to impose the taxes provided in this ordinance.
SECTION 5.
Administration, Rules and
Regulations, Joint Powers
Agreement
The Town Tax and License Collector is responsible to collect
the taxes imposed by, and to administer this ordinance. The Town
Council may, in its discretion adopt by resolution regulations for
the administration of this ordinance, and may enter a joint powers
agreement with any governmental agency or group of governmental
agencies to assist in or perform the administration of this ordinance.
SECTION 6.
Sales Tax
For the privilege of selling tangible personal property at
retail, a tax is imposed upon all retailers in the Town at the rate
stated in Section 2 or Section 2.5 of the gross receipts of the
retailer from the sale of all tangible personal property sold at
retail in the Town on and after the operative date.
-3-
SECTION 7.
Place of Sale
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 determined under rules and regulations to be prescribed and
adopted by the State Board of Equalization then in effect.
SECTION 8.
Use Tax
Any excise tax is imposed on the storage, use or other consumption
in the Town of tangible personal property purchased from any retailer
on or after the operative date for storage, use or other consumption
in the Town at the rate stated in Section 2 or Section 2.5 of the
sales price of the property. The sales price includes delivery charges
when such charges are subject to state sales or use tax regardless of
the place to which delivery is made.
SECTION 9.
.Adoption of Provisions of State Law
Except as otherwise provided in this ordinance and except insofar
as they are inconsistent with the provisions of Part 1.5 of Division
2 of the Revenue and Taxation Code or Section 4(e) of this ordinance,
all of the provisions of Part l of Division 2 of the Revenue and
Taxation Code are adopted and made a part of tb.i.s ordinance as though
fully set forth herein.
SECTION 10.
Limitations on
Adoption of State Law
In adopting the provisions of Part 1 of Division 2 of the
Revenue and Taxation Code, wherever the State of California is named
or referred to as the taxing agency, the name of the Town is substituted
therefor. The substitution, however, is not made when the word "State"
is used as part of the title of the State Controller, the State
Treasurer, the State Board of Control, the State Board of Equalization,
the State Treasury, or the Constitution of the State of California;
the substitution is not 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
sales, storage, use or other consumption of tangible personal property
which would not otherwise be exempt from this tax while such sales,
storage, use or other consumption remain subject to tax by the state
under the provisions of Part 1 of Division 2 of the Revenue and
Taxation Code, or to impose this tax with respect to certain sales,
storage, use or other consumption of tangible personal property which
would not be subject to tax by the state under such provisions of the
Revenue and Taxation Code; the substitution is not made in Sections
6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737,
6797, or 6828 of the Revenue and Taxation Code, and the substitution
is not made for the word "State" in the phrase "retailer engaged in
-5-
business in this State" in Section 6203 or in the definition of
that phrase in Section 6203.
SECTION 11.
Permit Not Required
If a seller's permit has been issued to a retailer under
Section 6067 of the Revenue and Taxation Code, an additional seller's
permit is not required by this ordinance.
SECTION 12.
Exclusions and Exemptions
There is excluded from the measure of tax:
(a) The amount of 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 has been subject
to sales tax under a sales and use tax ordinance enacted by any city
and county, county, or city in this state;
(c) The gross receipts from sales to, and the storage, use or
other consumption of property purchased by, operators of common
carriers and waterborne vessels to be used or consumed in the operation
of such common carriers or waterborne vessels principally outside
the Town;
(d) The storage or use of tangible personal property in the
transportation or transmission of persons, property or communications,
or in the generation, transmission or distribution of electricity or
in the manufacture, transmission or distribution of gas in intrastate,
interstate or foreign commerce by public utilities which are regulated
by the Public Utilities Commission of the State of California.
SECTION 13.
Exclusions and Exemptions
(a) The amount subject to tax does 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 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 exclusively 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.
-7-
M 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
exclusively 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 14.
Application of Provisions
Relating to Exclusions and Exemptions
(a) Section 13 of this ordinance 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 Section 11 of this ordinance shall become inoperative.
(b) In the event that Section 13 of this ordinance becomes
operative and the State Board of Equalization subsequently adopts an
assessment ratio for the state - assessed property which is higher
than the ratio which is required for local assessments by Section 401
of the Revenue and Taxation Code, at which time Section 13 shall again
become operative and Section 11 shall become inoperative.
SECTION 15.
Amendments
All subsequent amendments of the Revenue and Taxation Code which
relate to the sales and use tax and which are not inconsistent with
Part 1.5 of Division 2 of the Revenue and Taxation Code, so far as
-:
applicable, shall automatically become a part of this ordinance.
SECTION 16.
Enjoining Collection Forbidden
No injunction or writ of mandate or other legal or equitable
process shall issue in any suit, action or proceeding in any court
against the state or the Town, or against any officer of the state
or the Town, to prevent or enjoin the collection under this
ordinance, or Part 1.5 of Division 2 of the Revenue and Taxation
Code, so far as applicable, of any tax or any amount of tax required
to be collected.
SECTION 17.
Penalties
Any person violating any of the provisions of this ordinance
is guilty of a misdemeanor, and upon conviction thereof shall be
punishable by a fine of not more than five hundred dollars or by
imprisonment for a period of not more than six months, or by both
such fine and imprisonment.
SECTION 18.
Severability
If any provision of this ordinance or the application thereof
to any person or circumstance is held invalid, the remainder of this
ordinance and the application of such provision to other persons or
circumstances shall not be affected thereby.
SECTION 19.
Repeals
Sections 28 -7.1 through 28 -7.18 of the Town Code shall be
repealed on the operative date of this ordinance. However, the
repealed sections as they previously existed shall remain applicable
for the purposes of the administration of said provisions and the
imposition of and the collection of tax with respect to the sales of,
and the storage, use, or other consumption of tangible personal property
prior to the operative date of this ordinance, the making of refunds,
effecting credits, the disposition of moneys collected, and for the
commencement or continuance of any action or proceeding under said
provisions.
SECTION 20.
Effective Date
This ordinance relates to taxes for the usual and current expenses
of the Town. It is effective immediately on adoption. Within 15 days
after this ordinance is adopted, the Town Clerk shall cause it to be
published once in a newspaper of general circulation published and
circulated in the Town.
This ordinance was introduced at a regular meeting of the Town
Council of the Town of Los Gatos on June 19, 1978, and adopted by the
following vote as an ordinance of the Town of Los Gatos at an adjourned
regular meeting of the Town Council on June 26, 1978.
AYES: COUNCIL MEMBERS Ruth Cannon, Thomas J. Ferrito, John B. Lochner,
Peter W. Siemens and Mardi Gualtieri.
NOES: COUNCIL MEMBERS None
ABSTAIN: COUNCIL MEMBERS None
ABSENT: COUNCIL MEMBERS None
SIGNED:
�dff ��
OF LOS GATOS
ATTEST: ()�6
CLERK 0 THE T OF LOS GATOS
—10—