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HomeMy WebLinkAboutOrdinances - No. 1303,,- ORDIN7OICFi NO. 1303 AN ORDINANCE To AMEND CHAPTER 23, A€E1(3LE I1 OF THE CITY CODE OF THE CITY OF IxlDI IKKSING A SAT3S AM, USE TAX To BE ADMINISTERED BY THE STATE BQARD OF ~mIzATIoN The City Council of the City of Icdi does ordain as follms: Section 1. Section 4 of Section 23-5 of the City code of the City of Lodi is amnded by -ding subparagraph (4.5) of paragraph (b) thereof to read: (4.5) There shall be excluded fran the gross receipts by which the tax is measured: (i) The munt of any sales or use tax hpsed by the State of California upon a retailer or consumer. The gross receipts frcan 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 I ___ and exclusively in the use of such aircraft as conmn carriers of persons or property under the authority of the laws of this state, the Unit& States, or any foreign government. *I (ii) .. . . Section 2. Section 5 of Section 23-6 of the City code of the City of IaX is amended by amending subparagraph (3.5) of paragraph (b) thereof to read: (3.5) There shall be exenpt from the tax due under this section: (i) The munt of any sales or use tax hpsed by the State of California upon a retailer or consm. The storage, use or other consimption of tangfile 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 acoordance with Part 1.5 of Division 2 of the Revenue and Taxation Code by any city and county, county, or city in this Stdtf2. In addition to the aenptions provided in Sections 6366 and 6366.1 of the Revenue and Taxation Code, the storage, use, or other (ii) I (iii) -1- consmption of tangible personal property purchase by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as cmmn carriers of persons or property for hire or aompensation under a certificate of public convenience and necessity issued pursuant to the laws of this state, the United States, or any foreign govemt. Section 3. Section 4 paragraph (b) subparagraph (4.5) of Section 23-5 of the City code of the City of Lcdi as mded by Section 1 of this ordinance, is amended to read: (4.5) There shall be excluded from the gross receipts by which the tax is measured: ‘(i) The amount of any sales or use tax imposed by the State of California upon a retailer or consumer. 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 cmm-ercial pwposes. 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 aireCtly and exclusively in the use of such aircraft as COmtlDn carriers of persons or property under the authority of the laws of this state, the United States, or any foreign govemwnt. (ii) I (iii) Section 4. Section 5 paragraph (b) subparagraph (3.5) of Section 23-6 of the City code of the City of as arended by section 2 of this ordinance is arra3nded to read: 4 (3.5) There shall be exenp?t from the tax due under this section: (i) The anmnt of any sales or use tax imposed by the State of California upon a retailer or consumer. The storage, use or other consumption of tangible personal prom, the gross (ii) -2- 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. The storage, use or other consumption of tangible personal property purchased by operators of waterborne vessels and used or constmd by such operators directly and exclusively in the carriage of persons or property in such vessels for comacia1 purposes. In addition to the exeqtions provided in Sections 6366 and 6366.1 of the Revenue and Taxation code, the storage, use, or other consuqkion of tangible personal promy purchased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as caaranon carriers of persons or property €or hire or coqensation under a certificate of public convenience and necessity 'issued pursuant to the laws of this state, the United States, or any foreign goverrrment. (iii) (iv) I j I - Section 5. Sections 1 and 2 of this ordinance shall be operatiFre Jan- 1, 1984. Section 6. 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 %venue and Taxation code to provide an exemption fram city sales and use taxes for operators of waterborne vessels in the sill~y3, or substantially the sillll~), lan$uage as that existing in sdxlivisions (i) (7) and (i) (8) of Section 7202 of the Revenue and Taxation Code as those subdivisions read on October 1, 1983. .. . . . Approved this 21st day of kcember, 1983 Z-p o/+ Evelyn M. Olson Mayor City Clerk State of California County of San Joaquin, ss. -3-