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Ordinance 1701Ordinance No. 1701 ADDING SECTION 3- 1012.5 TO THE ALAMEDA MUNICIPAL CODE AND AMENDING SECTIONS 3 -1011 AND 3.1012, AND ORDINANCE NOS. 1183 N.S. AND 1396 N.S., ENTITLED "CITY OF ALAMEDA UNIFORM LOCAL SALES AND USE TA'X ORDINAN'CE," FFFFCTING CHANGES` IN SAID CODE AND ORDINANCES MANDATED BY STATE LAW BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ALAMEDA: SECTION .1. Subparagraph (3) of paragraph (b) of Section 3 -1011 of the Alameda Municipal Code, a part of Ordinance No. 1183, New Series, en- titled, "City of Alameda Uniform Local $ales and Use Tax Ordinance," adopted June 6, 1956, as amended, is amended to read: — ta, ;f' 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. SECTION 2 uq ; - aph ;' 5) is added to paragraph (b) of ^ion 3 -1011 of said Code 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 con - suier: (ii) The gross receipts from the sdle 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 com- mercial purposes.. (Iii) The gross receipts from the sale of tangible personal property to operators of aircraft to be used on 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 3. Subparagraph (3.5) is added to paragraph (b) of Section 3 -1012 of said Code to read: (3.5) 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.o7ner. consumption of tangible personal Property, the gross receipts from the sale of which has been subject to sales tax under.o sales and use tax ordinance enacted in accor- dance with Part 1.5 of Division 2 of the Revenue and Taxation Code by any city and county, county, or city in this state. (iii) The storage, use, or other consumption of tangible personal Property purchased by operators of waterborne vessels and used or consumed by such operators directly and exclusively in the carriage of persons or property in such vessels for commercial pur- poses. (iv) In addition to the exemp- tions 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 neces- sity issued pursuant to the laws of this state, the United States, or any foreign government. SECTION 4. Section 3- 1012.5 is added to said Code, to read: Sec. 3- 1012.5. Application of Provisions Relating to Exclusions and Exemptions. (a) Sections (b)(4.5) of Sec. 3 -1011 and (b) (3.5) of Sec. 3 -1012, hereinabove, of this or- dinance shall become operative on m7'UnV1 "ry 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 Sec - tions 3 -1011 (b)(4) and 3 -1012 (b)(3) of this Code shall become inopera- tive. (b) In the event that said Sections 3 -1011 (b)(4.5) and 3 -1012 (b)(3.5), hereinabove, become operative and the State Board of Equalization sub - sequently 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; said Sections 3 -1011 (b)(4) and 3. 1012 (b)(3) of this Code shall become operative on the first day of the month following the month in which such higher ratio is adopted, at which time said Sections 3- 1011(b)(4.5) and 3 -1012 (b)(15), hereinabove, shall become inopera- tive 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 an( Taxation Code, at which time sr Sections 3 -1011 (b)(4.5) and 3 -1 (b)(3.5), hereinabove, shall ag, become operative and said Sectior 3 -1011 (b)(4) and 3 -1012 (b)(3) shah become inoperative. SECTION 5. This ordinance shall be operative and in full force and effect on January 1, 1974. TERRY LA CROIX, JR, Presiding Officer of the Council ATTEST: ETHEL M. PITT Deputy City Clerk Alameda City Ordinances Ordinance No, 170 f New Series ], : the undersigned, hereby certify that the foregoing Ordinance was duly and regularly adopted and passed by the Council of the City of Alameda in regular meeting assembled on the 2nd day of October, 1973, by the following vote, to wit: AYES: Councilmen Beckam, Corica, Hurwitz, McCall and President La Croix, Jr., (5). NOES: None. ABSENT: None. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seat of said City this 3rd day of October, 1973. (SEAL) ETHEL M. PITT [deputy City Clerk of the City of Alameda Legal 263 — Publish: Oct. 5, 1973.