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HomeMy WebLinkAbout1153 2 3 4 5 6 7 8 9 10 11 12 13' 14 15 16 17 18 19 20 21 22 23 ORDINANCE NO, 1153 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTIONS 2653.2, 2654.3 AND 2654.4.2 OF THE ARCADIA MUNICIPAL CODE; RENUMBERING SECTION 2653.6.3 THEREOF; AND REPEALING SECTION 2653.6.2 AND SUBSECTION (5) OF SECTION 2651 THEREOF. The City Council of the City of ARCADIA. CALIFORNIA. does ordain os follows: Subsection Section 1./Section 26')1 (5) of of the Arcadia Municipal Code is repeal ed. Section 2, Section 2653.2 of said code is amended to read: TAXATION. Division 2653.2 SITUS FOR! For thepurpasesofthis<<r1tl:llron:e, 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 desti- nation, The gross receipts from such sales shall include delivery charges, when such charges are subject to the Statesales and use tax, regardless of the place to which delivery is made, Inthe 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 Equal ization, Section 3. Section 2653.6.2 of said Code is repealed, Section 4, Section 2653.6.3 of said Code is renumbered to 2653.6; 2. Section 5, Section 2654.3 of said Code is amended to read: 24 2654.3. SUBSTITUTION. Wherever, and to the extent that, in Part 1 of Di. 25 26 27 28 29 30 31 vi sion 2 of the said Revenue and Taxation Code the State of Cal ifornia is named or referred to as the taxing agency, the name of thJs:City shall be substituted therefor. Nothing in this subdivision shall be deemed to require the substi. tution of the name of tlus City for the ward "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 -1- 1153 substituted for that of the State in any section when the result of that substi. 2 tution would require action to be taken by or against the City or any agency 3 thereof rather than by or against the State Board of Equal i zation, in performing P;;trt the functions incident to the administration or operation of this ~~~ and 4 5 neither shall the substitution be deemed to have been made in those sections, 6 including but not necessarily limited to, sections referring to the exterior 7 boundaries of the State of Cal i forni a, where the resul t of the substitution woul d 8 be to provide an exemption from this tax with respect to certain storage, use or 9 other consumption of tangible personal property which would not otherwise be 10 exempt from this tax while such storage, use or other consumption remains 11 subject to tax by the State under the provisions of Port 1 of Division 2 of the 12 said Revenue and Taxation Code, or to impose this tax with respect to certain 13 storage, use or other consumption of tangibl e personal property which would not 14 be subject to tax by the State under the said provisions of that Code; and in 15 addition, the nome of the City sholl not be substituted for that of the State in 16 17 Sections 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737, 6797 and 6828 of the said Revenue and Taxation Code os adopted, and the nome 18 19 20 of the City sholl 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, 21 Section 6, Section 26')4.4.2 of said code is amended to read: 22 2654.4.2. SAME. The storage, use or other consumption of tangible 23 personal property, the gross receipts from the sale of which has been subject 24 to soles tax under 0 sales and use tax ordinance enacted in accordance with 25 Part 1.5 of Division 2 of the Revenue and Taxation Code by any city and 26 county, county, or city in this State, 27 Section 7, This ordinance shall become operative on January 1, 1962, 28 Section 8,~, The City Clerk shall certify to the 29 adoption of this ordinance and prior to the expiration of fifteen 30 (15) days from the passage thereof shall cause the same to be 31 published once in the Arcadia Tribune and shall forthwith forward -2- 1153 2\ 10 11 12 13 14 15 16 17 1 19 20 21 22 23 24 25 26 27 28 29 30 31 32 :\ 1 four (4) certified copies to the state Board of Equalization, 2 Sacramento 8, California, Attention:. Secretary. 3 I HEREBY CERTIFY that the foregoing ordinance was adopted adjourned 4 at a/regular meeting of the City Council of the City of Arcadia 5 held on the day of November ,1961, by the affirmative 13th 6 vote of at least four councilmen, to wit: 7 8 AYES: Councilmen Butterworth, Camphouse, Phillips and Reibold None NOES: 9 ABSENT: Councilman Balser ~;/M:i'~0n ~~ City Clerk,of the City of Arcadia SIGNED AND APPROVED this 13th day.of November, 1961. u rcadia Pro '-- ' - AT ST: ..::~ '. -'<-:n ~ 7/U;;::tPi<~~~//!~ Ci ty Cl~rlc c::. "'" .' (SEAL) .., -.)- 1153