Chapter 3.36 UNIFORM LOCAL SALES AND USE TAX*

Chapter 3.36
UNIFORM LOCAL SALES AND USE TAX*

Sections:

3.36.010 Short title.

3.36.020 Purpose – Interpretation.

3.36.030 Operative date – Contract with State Board of Equalization.

3.36.040 Sales tax – Imposition – Rate.

3.36.050 Sales tax – Location where retail sales consummated.

3.36.060 Sales tax – Statutory authority adopted.

3.36.070 Sales tax – Substitution of terms applicable when.

3.36.080 Sales tax – Seller’s permit not required when.

3.36.090 Sales tax – Exclusions.

3.36.100 Sales tax – Exclusions.

3.36.110 Use tax – Imposition – Rate.

3.36.120 Use tax – Statutory authority adopted.

3.36.130 Use tax – Substitution of terms applicable when.

3.36.140 Use tax – Exemptions.

3.36.150 Use tax – Exemptions.

3.36.160 Adoption of amendments to state code.

3.36.170 Alternating applicability of exemption provisions.

3.36.180 Enjoining collection prohibited.

3.36.190 Prior ordinances to be effective when.

* For statutory provisions regarding the Uniform Local Sales and Use Tax Act, see Rev. and Tax. Code § 7200, et seq.; for provision for a sales and use tax, see Gov. Code § 37101.

3.36.010 Short title.

This chapter shall be known as the “uniform local sales and use tax law of the city.” (Prior code § 30.5).

3.36.020 Purpose – Interpretation.

The council declares that this chapter is adopted to achieve the following, among other purposes, and directs that the provisions of this chapter be interpreted in order to accomplish those purposes:

A. To adopt a sales and use tax law which complies with the requirements and limitations contained in Part 1.5 of Division 2 of the Revenue and Taxation Code of the state;

B. To adopt a sales and use tax law which incorporates provisions identical to those of the Sales and Use Tax Law of the state insofar as those provisions are not inconsistent with the requirements and limitations contained in Part 1.5 of Division 2 of the Revenue and Taxation Code of the state;

C. To adopt a sales and use tax law which imposes a one percent tax and provides a measure therefor that can be administered and collected by the State Board of Equalization in a manner that adapts itself as fully as practical to, and requires the least possible deviation from, the existing statutory and administrative procedures followed by the State Board of Equalization in administering and collecting the state sales and use taxes;

D. To adopt a sales and use tax law which can be administered in a manner that will, to the degree possible consistent with the provisions of Part 1.5 of Division 2 of the Revenue and Taxation Code, minimize the cost of collecting city sales and use taxes and at the same time minimize the burden of record keeping upon persons subject to taxation under the provisions of this chapter. (Ord. 775 § 1, 1961; prior code § 30.6).

3.36.030 Operative date – Contract with State Board of Equalization.

This chapter shall become operative on April 1, 1956, and prior thereto this city shall contract with the State Board of Equalization to perform all functions incident to the administration and operation of this sales and use tax law; provided, however, that if this city shall not have contracted with the State Board of Equalization, as above set forth, prior to April 1, 1956, this chapter shall not be operative until the first day of the first calendar quarter following the execution of such a contract by the city and by the State Board of Equalization; provided further, that this chapter shall not become operative prior to the operative date of the uniform local sales and use tax ordinance of the county of San Diego. (Prior code § 30.7).

3.36.040 Sales tax – Imposition – Rate.

For the privilege of selling tangible personal property at retail, a tax is imposed upon all retailers in the city at the rate of one percent of the gross receipts of the retailer from the sale of all tangible personal property sold at retail in the city on and after April 1, 1956. (Prior code § 30.8(A)(1)).

3.36.050 Sales tax – Location where retail sales consummated.

For the purposes of this chapter, 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 Board of Equalization. (Ord. 775 § 2, 1961; prior code § 30.8(A)(2)).

3.36.060 Sales tax – Statutory authority adopted.

Except as hereinafter provided, and except insofar as they are inconsistent with the provisions of Part 1.5 of Division 2 of the Revenue and Taxation Code of the state, all of the provisions of Part 1 of Division 2 of such code, as amended and in force and effect on April 1, 1956, applicable to sales taxes are hereby adopted and made a part of this section as though fully set forth herein. (Prior code § 30.8(B)(1)).

3.36.070 Sales tax – Substitution of terms applicable when.

Wherever, and to the extent that, in Part 1 of Division 2 of the Revenue and Taxation Code the state is named or referred to as the taxing agency, the city shall be substituted therefor. Nothing in this subdivision shall be deemed to require the substitution of the name of the city for the word “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; nor shall the name of the city 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 city 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 chapter; 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 where the result of the substitution would be to provide an exemption from this tax with respect to certain gross receipts which would not otherwise be exempt from this tax, while those gross receipts remain subject to tax by the state under the provisions of Part 1 of Division 2 of the Revenue and Taxation Code; nor to impose this tax with respect to certain gross receipts which would not be subject to tax by the state under such provisions of that code; and in addition, the name of the city shall not be substituted for that of the state in Sections 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737, 6797 and 6828 of the Revenue and Taxation Code of the state as adopted. (Prior code § 30.8(B)(2)).

3.36.080 Sales tax – Seller’s permit not required when.

If a seller’s permit has been issued to a retailer under Section 6067 of the said Revenue and Taxation Code, an additional seller’s permit shall not be required by reason of this section. (Ord. 1501 § 1, 1973; prior code § 30.8(B)(3)).

3.36.090 Sales tax – Exclusions.

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 upon a retailer or consumer;

B. Receipts from sales to operators of common carriers and waterborne vessels of property to be used or consumed in the operation of such common carriers or waterborne vessels principally outside of this city. (Ord. 775 § 4, 1961; prior code § 30.8(B)(4)).

3.36.100 Sales tax – Exclusions.

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 California 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. (Ord. 2055 § 1, 1983; Ord. 1501 § 2, 1973; prior code § 30.8(B)(4.5)).

3.36.110 Use tax – Imposition – Rate.

An excise tax is imposed on the storage, use or other consumption in the city of tangible personal property purchased from any retailer, on or after the operative date of this chapter, for storage, use or other consumption in the city at the rate of one percent of the sales price of the property. The sales price shall include delivery charges when such charges are subject to state sales or use tax, regardless of the place to which delivery is made. (Prior code § 30.9(A)).

3.36.120 Use tax – Statutory authority adopted.

Except as hereinafter provided, and except insofar as they are inconsistent with the provisions of Part 1.5 of Division 2 of the Revenue and Taxation Code of the state, all of the provisions of Part 1 of Division 2 of such code, as amended and in force and effect on April 1, 1956, applicable to use taxes are hereby adopted and made a part of this section as though fully set forth herein. (Prior code § 30.9(B)(1)).

3.36.130 Use tax – Substitution of terms applicable when.

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 city shall be substituted therefor. Nothing in this section shall be deemed to require the substitution of the name of this city for the word “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 city 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 city 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 chapter; 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 be subject to tax by the state under the said provisions of that code; and in addition, the name of the city shall not be substituted for that of the state in Sections 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737, 6797 and 6828 of the said Revenue and Taxation Code as adopted, and the name of the city 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. (Ord. 775 § 5, 1961; prior code § 30.9(B)(2)).

3.36.140 Use tax – Exemptions.

There shall be exempt from the tax due under this section:

A. The amount of any sales or use tax imposed by the state 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 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 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 this state. (Ord. 2055 § 2, 1983; Ord. 775 § 6, 1961; prior code § 30.9(B)(3)).

3.36.150 Use tax – Exemptions.

There shall be exempt from the tax due under this section:

A. The amount of any sales or use tax imposed by the state of California upon a retailer or consumer;

C. In addition to the exemptions provided in Section 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. (Ord. 2055 § 3, 1983; Ord. 1501 § 3, 1973; prior code § 30.9(B)(3.5)).

3.36.160 Adoption of amendments to state code.

All amendments of the Revenue and Taxation Code of the state enacted subsequent to April 1, 1956 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 shall automatically become a part of this chapter. (Prior code § 30.10).

3.36.170 Alternating applicability of exemption provisions.

A. CVMC 3.36.100 and 3.36.150 shall become operative on January 1st 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 CVMC 3.36.090 and 3.36.140 shall become inoperative.

B. In the event that CVMC 3.36.100 and 3.36.150 become operative and the State Board of Equalization subsequently adopts an assessment ratio for state-assessed property which is higher than the ratio which is required for local assessments by Section 401 of the Revenue and Taxation Code, CVMC 3.36.090 and 3.36.140 shall become operative on the first day of the month following the months in which such higher ratio is adopted, at which time CVMC 3.36.100 and 3.36.150 shall become inoperative until the first day of the month following the month in which the Board again adopts an assessment ratio for state-assessed property which is identical to the ratio required for local assessments by Section 401 of the Revenue and Taxation Code, at which time CVMC 3.36.100 and 3.36.150 shall again become operative and CVMC 3.36.090 and 3.36.140 shall become inoperative. (Ord. 1501 § 4, 1973; prior code § 30.11).

3.36.180 Enjoining collection prohibited.

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 this city, or against any officer of the state or this city, to prevent or enjoin the collection under this article, or Part 1.5 of Division 2 of the Revenue and Taxation Code, of any tax or any amount of tax required to be collected. (Ord. 1501 § 4, 1973; prior code § 30.12).

3.36.190 Prior ordinances to be effective when.

At the time this chapter goes into operation, the provisions of Ordinance Nos. 371 and 439, as amended, shall be suspended and shall not again be of any force or effect until and unless for any reason the State Board of Equalization ceases to perform the functions incident to the administration and operation of the sales and use tax hereby imposed; provided, however, that if for any reason it is determined that the city is without power to adopt this chapter, or that the State Board of Equalization is without power to perform the functions incident to the administration and operation of the taxes imposed by this chapter, the provisions of Ordinance Nos. 371 and 439, as amended, shall not be deemed to have been suspended, but shall be deemed to have been in full force and effect at the rate of one percent continuously from and after April 1, 1956. Upon the ceasing of the State Board of Equalization to perform the functions incident to the administration and operation of the taxes imposed by this chapter, the provisions of Ordinance Nos. 371 and 439, as amended, shall again be in full force and effect at the rate of one percent. Nothing in this chapter shall be construed as relieving any person of the obligation to pay to the city any sales or use tax accrued and owing by reason of the provisions of Ordinance Nos. 371 and 439, as amended, in force and effect prior to and including March 31, 1956. (Ord. 1501 § 4, 1973; prior code § 30.13).