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HomeMy WebLinkAboutORD 013 1983 1207ORDINANCE NO. 13 AN ORDINANCE TO AMEND ORDINANCE NO. 3 IMPOSING A SALES AND USE TAX TO BE ADMINISTERED BY THE STATE BOARD OF EQUALIZATION The City Council of the City of Moorpark, California does ordain as follows: read: l Section 1. Section 12 of Ordinance No. 3 is amended to Section 12. EXCLUSIONS AND EXEMPTIONS (a) The amount subject to tax shall 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 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 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 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. (d) 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 2. Section 12 of Ordinance No. 3 as amended by Section 1 of this ordinance is amended to read: Section 12. EXCLUSIONS AND EXEMPTIONS (a) The amount subject to tax shall 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 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 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) tangible waterbor directly property exempted The storage, use or other consumption of personal property purchased by operators of ne vessels and used or consumedby such operators and exclusively in the carriage of persons of of such vessels for commercial purposes is 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 exclu- sively 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. (f) 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 -2- issued pursuant to the laws of this State, the United States, or any foreign government is exempted from the t use tax. Section 3. Section 1 shall be operative January 1, 1984. Section 4. Section 2 shall be operative on the operative date of any act of the Legislature of the State of California which amends Section 7202 of the Revenue and Taxation Code or which repeals and re- enacts Section 7202 of the Revenue and Taxation Code to provide an exemption from city sales and use taxes for operators of waterborne vessels in the same, or substantially the same, language as that existing in subdivisions (i)(7) and (i)(8) of Section 7202 of the Revenue and Taxation Code as those subdividions read on October 1, 1983. Section 5. This ordinance relates to taxes for the usual and current expenses of the City and shall take effect immediately. Section 6. The City Clerk shall, within 15 days after the passage of this ordinance, cause it to be posted in at least the three public places designated by resolution of the City Council; shall certify to the adoption and posting of this ordinance; and shall cause this ordinance and its certification together with proof of posting, to be Centered in the book of ordinances of this City. APPROVED AND ADOPTED this 7th day of December-, 1983. ATTEST: ty Clerk (SEAL)�;fJ Mayor of Cit oorpark, Calif it -3- r STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Doris D_ Rnnkttc , City Clerk of the City of Moorpark, California, do hereby certify that the foregoing Ordinance No. 13— was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 7th day of December , 1983. That, thereafter, said ordinance was duly adopted and passed at a regular meeting of the City Council on the 7th day of December , 1983, by the following vote, to wit: AYES: Councilmembers Straughan, Harper, Beaulieu, Prieto and Mayor Yancy- Sutton; NOES: None; ABSENT: None. WITNESS my hand and the official seal of said City this 7th day of December , 1983. (SEAL) 1