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Ordinance 1183Ordinance No. 1183 New Series AN ORDINANCE OF THE CITY OF ALAMEDA, IMPOSING A CITY SALES AND USE TAX; PROVIDING FOR THE PERFORMANCE BY THE STATE BOARD OF EQUALIZATION OF ALL FUNCTIONS INCIDENT TO THE ADMINISTRATION, OPERA- TION AND COLLECTION OF THE SALES AND USE TAX HEREBY IMPOSED; SUSPENDING THE PRO- VISIONS OF ORDNANCES NOS 995, N.&, 996, N.S., 1042, N.S., 1090: N.S., 1093, N,S., 1101, N.S., 1160, NS DURING SUCH TIME AS THIS ORDINANCE IS OPERATIVE; AND PROVIDING PENALTIES FOR VIO- LATIONS THEREOF. BE IT ORDAINED BY THE COUN- CIL OF THE CITY OF ALAMEDA: SECTION 1. Short Title. This ordi- nance shall be known as the Uniform Local Sales and Use Tax Ordinance of the City of Alameda. SECTION 2. Purpose. The City Coun- cil of the City of Alameda hereby de- clares that this ordinance is adopted to achieve the following, among other, purposes, and directs that the provi- sions hereof be interpreted in order to accomplish those purposes: (a) To adopt a sales and use tax or- dinance which complies with the re- quirements and limitations contained in Part 1.5 of Division 2 of the Reve- nue and Taxation Code of the State of California: (b) To adopt a sales and use tax or- dinance which incorporates provisions identical to those of the Sales and Use Tax Law of the State of California insofar as those provisions are not in- consistent with the requirements and limitations contained in Part 1.5 of Division 2 of the said Revenue and Taxation Code; (e) To adopt a sales and use tax or- dinance which imposes a 95/100 of 1% 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 pos- sible deviation from, the existing stat- utory and administrative procedures followed by the State Board of Equali- zation in administering and collecting the California State Sales and Use Taxes; (d) To adopt a sales and use tax or- dinance which can be administered in a manner that will, to the degree pos- sible consistent with the provisions of Part 1.5 of Division 2 of the said Reve- nue 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 ordinance; (e) To adopt a sales and use tax or- dinance which can be administered in a manner that will include the receipts of particular sales from the measure of the sales tax imposed by this City which have been included in the meas- ure of the sales tax imposed by any other city and county, county other than the county in which this city is located, or city in this State, and avoid imposing a use tax on the storage, use or other consumption of tangible per- sonal property in this City when the gross receipts from the sale of, or the use of, that property has been subject to a sales or use tax by any other city and county, county other than the county in which this city is located, or city in this State, pursuant to a sale: and use tax ordinance enacted under the provisions of Part 1.5 of Division 2 of the said Revenue and Taxation Code. SECTION 3. Operative Date. Contract With fate. This ordinance shall be- come operative on July 1, 1956, and prior thereto this City shall contract with the State this of Equalization to perform all functions incident to the administration and operation of this sales and use tax ordinance; pro- vided, that if this City shall not have contracted with the said State Board of Equalization, as above set forth, prior to July 1, 1956, this ordinance shall not be operative until the first day of the first calendar quarter following the execution of such a con- tract by the City and by the State Board of Equalization, provided furth- er, that this ordinance shall not be- come operative prior to the operative date of the Uniform Local Sales and Use Tax Ordinance of the County of Alameda. SECTION 4. Sales and Use Tax. Articles 1 and 2 of Chapter 10, Title III, Part L of the Alameda Municipal Code are hereby repealed; and the following sections, to be designated Article 1, shall be inserted in their place and stead. Article 1. See. 3-1011. (a) (1) For the privilege of selling tangible personal property at retail, a tax is hereby imposed upon all retailers in the City at the rate of 95/100 of 1% of the gross receipts of the retailer from the sale of all tangible personal property sold at re- tail in the City of Alameda on and after the operative date of this ordi- nance. (2) For the purpose of this ordinance, all retail sales shall be presumed to have been consumated at the place of business of the retailer unless the tangible personal property sold is de- livered 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. Delivery charges shall be included in the gross receipts by which the tax is measured, regardless of the place to which de- livery is made, when such charges are included in the measure of the sales or use tax imposed by the State of California. In the event a retailer has no permanent place of business in the State of California, or has more than one place of business, the place or places at which retail sales are consu- mated shall be as determined under rules and regulations proscribed and adopted by the Board of Equalization. (b) (1) Except as hereinafter pro- vided, and except insofar as they are inconsistent with the provisions of Part 1.5 of Division 2 of the said Revenue and Taxation Code, all of the provi- sions of Part 1 of Division 2 of said Code, as amended and in force and effect on July 1, 1956, applicable to sales taxes are hereby adopted and made a part of this section as though fully set forth herein. (2) Wherever, and to the extent that, Alameda i Ordinances New Series .T (.ordinance No. 1183 in Part 1 of Division 2 of the said Revenue and Taxation Code, the Stale of California is' named or referred to as the taxing agency, the City of Ala- meda shall be ' substituted therefor. Nothing in this subdivision 'shall be deemed to require the substitution of the name of the City of Alameda 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 per- forming the functions 'incident to the administration - or ; operation of this ordinance; and neither 'shall - the "sub- stitution be deemed to have been made in those sections, including, but not necessarily limited to; sections 'refer- ring to the exterior boundaries of the State ;of::California, where the result of the substitution would be to pro- vide an exemption from this tax with respect to certain gross receipts; which would:. not : otherwise be exempt from this tax while those 'gross xeceipt:, remain subject to tax by the State finder; the provisions of Part 1 or Divi- sion 2 of the fsaid Revenue and ':Taxa- tion Code; nor to impose this tax with respect to certain gross receipts which would' not be subject to tax by the State under the said provisions of that Code; : and, in addition, the 5 naive of the City shall- not be substituted for that of the State in Sections' 6701,'6702 (except; in the last sentence thereof), 6,.717; 6715, 6737, '6797 and 6828 of the said Revenue and Taxation Code as ad -rated: (3) If a seller's permit has been issued to a retailer under Section 6068 of the said = Revenue and :Taxation Code. an "additional seller's = permit shall not be required by reason of this se0 ion. /4t There shall be excluded from the gross receipts by which the 'tax ..is m -fa ;used : (i) ` The amount of any sales or use tax imposed by the State of California upon a retailer or con- sumer. - (ii) ' Receipts from the sale of tangible personal property upon which) a sales or use tax has 'be- come due by reason of the same transaction to any other city and ' county, county other than the county in which this city is located, or city in this State under a= sales" or use tax' ordinance - enacted by that city and county; county' other than the county in which this city is located, or city in this State in accordance with Part 1.5 of' Divi- sion '2 of the said SRevenue and Taxation Code. (iii) ' Receipts from sales to operators of - common carrier and waterborne ,vessels of property to be used or consumed in the opera- tion of such common carriers or waterborne vessels principally; out- side of this City. Sec. 3 -1012. Use Tax. (a) An excise tax is hereby imposed on the storage, use or other consumption in the City of Alameda of tangible personal prop- erty purchased from any retailer on or after the operative date of this ordinance, for storage, use or other consumption > in the city at the rate of 95/100 of 1% of the sales price of Une 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. (b) (1) Except as 'hereinafter pro - vided, and except insofar as they are inconsistent with the provisions of Part 1.5 of Division 2 of` the 'said Revenue and Taxation Code, all of the provi- sions of Part 1 of Division 2 of said Code; as - amended and in force and effect on July 1, 1956, applicable to use taxes are hereby adopted and made a part of this section as though fully set forth herein. (2) 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 City of Alameda shall be substituted therefor. lotning. in - this `.subdivision :shall . be deemed: to require the substitution' of the name of the City of 'Alameda 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 Con- stitution 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 Equaliza- tion in performing the functions` inci- dent to the administration or operation of this ordinance; 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 re- sult of the substitution would be to provide an exemption from this tax with respect to certain storage, use or other consumption of tangible 'per- sonal property which would not other- wise be exempt from this tax 'while such storage, use or other consump- tion remains subject to tax by the State under the provisions of Part I 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 per- sonal property .which would not be subject to tax by the State under the said provisions of that Code; and iii - 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. (3) There shall be exempt from the tax due under this section: (i) -The amount of any sales or use tax imposed by the State of California upon a- retailer or con- sumer. (ii) The storage, use or other con- sumption of tangible personal prop - erty; the gross receipts from the