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HomeMy WebLinkAboutOrd 939-1984ORDINANCE NO. 939-84 AN ORDINANCE AMENDING SECTIONS 4.16.100 AND 4.16.150 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE AND SECTIONS 4(b)(4.5) AND 5(b)(3.5) OF ORDINANCE NO. 457 AS ADDED BY ORDINANCE NO. 655 (SALES AND USE TAXES) THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES ORDAIN AS FOLLOWS: SECTION 1. SECTION 4.16.100 OF THE MUNICIPAL CODE AND SECTION 4(b)(4.5) OF ORDINANCE NO. 457 AMENDED. Section 4.16.100 of the South San Francisco Municipal Code and Section 4(b)(4.5) of Ordinance No. 457 as added by Section 2 of Ordinance No. 655 is hereby amended to read as follows: "4.16.100 Sales Tax- Additional Exclusions and Exemptions. There shall be excluded from the gross receipts by which the tax is measured: A. The amount of any sales or use tax imposed by the State of Calif- ornia upon a retailer or consumer. B. 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 2. SECTION 4.16.150 OF THE MUNICIPAL CODE AND SECTION 5(b)(3.5) OF ORDINANCE NO. 457 AMENDED. Section 4.16.150 of the South San Francisco Municipal Code and Section 5(b)(3.5) of Ordinance No. 457 as added by Section 3 of Ordinance No. 655 is hereby amended to read as follows: "4.16.150 Use Tax- Additional Exclusions and Exemptions There shall be exempt from the tax due under Sections~' 4.~16.1~O0'~.through 4.16.130: 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 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. C. 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 hi,re 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." SECTION 3. SECTION 4.16.100 OF THE MUNICIPAL CODE AND SECTION 4(b)(4.5) OF ORDINANCE NO. 457 AMENDED FURTHER. Section 4.16.100 of the South San Francisco Municipal Code and Section 4(b)(4.5) of Ordinance No. 457 as amended by Section 1 of this Ordinance is hereby amended to read as follows: "4.16.100 Sales Tax - Additional Exclusions and Exemptions. There shall be excluded from the gross receipts by which the tax is me as ure d: A. The amount of any sales or use tax imposed by the State of California upon a retailer or consumer. B. 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. C. 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 4. SECTION 4.16.150 OF THE MUNICIPAL CODE AND SECTION 5(b)(3.5) OF ORDINANCE NO. 457 AMENDED FURTHER. Section 4.16.150 of the South San Francisco Municipal Code and Section 5(b)(3.5) of Ordinance No. 457 as amended by Section 2 of this Ordinance is hereby amended to read as follows: "4.16.150 Use Tax- Additional Exclusions and Exemptions. There shall be exempt from the tax due pursuant to Sections 4.16.110 through 4.16.130: 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 prop- erty, 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. C. The storage, use or other consumption of tangible personal prop- erty purchased by operators of waterborne vessels and used or consumed by such operators directly and exclusively in the e carriage of persons or property in such vessels for commercial Purposes. D. In addition to the exemption 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." SECTION 5. OPERATIVE DATE OF SECTIONS 3 AND 4 OF THIS ORDINANCE. Sections 3 and 4 of this Ordinance shall be operative on the operative date of any act of the Legislature of the State of California which amends or repeals and reenacts 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 subdivisions read on October 1, 1983. SECTION 6. PUBLICATION AND EFFECTIVE DATE. This Ordinance shall be published once in the Enterprise-Journal, a newspaper of general circulation in the City of South San Francisco, as required by law, and shall take effect immediately upon second reading and adoption as an Ordinance which relates to taxes for the usual and current expenses of the City. Introduced thisl4th day of December , 19 83 . -4- Passed and adopted as an Ordinance of the City of South San Francisco at a regular meeting of the City Council of the City of South San Francisco this llthday of January , 19 84 , by the following vote: AYES: Councilmembers Mark N. Addiego, Emanuele N. Damonte, Richard A. Haffey, Gus Nicolopulos; and Roberta Cerri Teglia NOES: None ABSENT: None ATTEST: ~City Clerk~~ As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance thisllth day of January , 19 84 -5-