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Ordinance 999 ORDINANCE NO. 999 AN ORDINANCE OF THE CITY OF GILROY AMENDING CHAPTER 22, ARTICLE II OF THE GILROY CITY CODE RELATING TO SALES AND USE TAXES THE CITY COUNCIL OF THE CITY OF GILROY DOES ORDAIN AS FOLLOWS: SECTION I: Section 22.8(a)(I) of said Code is amended as follows: (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 one per cent of the gross -receipts of the retailer from the sale of all tangible personal property sold at retail in the city on and after the operative date of this article. SECTION II: Section 22.8(b)(3) of said Code is amended as follows: (3) 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. SECTION III: Section 22.8(b)(4.5) of said Code is adopted as follows: (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. (ii) 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 commercial pur- poses. (iii) 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 air- craft as common carriers of persons or property under the authority of the laws of this state, the United States, or any foreign government. SECTION IV: Section 22.9(a) of said Code is amended as follows: (a) An excise tax is hereby 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 article, for storage, use or other consumption in the city at the rate of one per cent 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. -1- ORDINANCE NO. 999 SECTION V: Section 22.9(b)(3.5) of said Code is adopted as follows: (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 consumer. (ii) The storage, use or other consumption of tangible 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 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. (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 purposes. (iv) In addition to the exemptions provided in Sec- tions 6366 and 6366.1 of the Revenue and Taxation Code, the storage, use or other consumption of tangible personal pro- perty 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. SECTION VI: Section 22.10-1 of said Code is adopted as follows: Sec. 22.10-1 Application of provisions relating to exclu.sions and exemptions. (a) Sections 22.8(b)(4.5), and 22.9(b)(3.5) of this article 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 Sections 22.8(b)(4) and 22.9(b)(3) of this article shall become inoperative. (b) In the event that Sections 22.8(b)(4.5) and 22.9(b)(3.5) of this article 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 assess- ments by Section 401 of the Revenue and Taxation Code, Sections 22.8 (b)(4) and 22.9(b)(3) of this article shall become operative on the first day of the month following the month in which such higher ratio is adopted, at which time Sections 22.8(b)(4.5) and 22.9(b)(3.5) of this article shall become inoperative until the first day of the month following the month in which the Board again adopts an assess- ment 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 Sections 22.8(b)(4.5) and 22.9(b) (3.5) shall again become operative and Sections 22.8(b)(4) and 22.9 (b)(3) shall become inoperative. - 2 - ORDINANCE NO. 999 SECTION VII: All other ordinances and parts of ordinances in conflict herewith are hereby repealed. SECTION VIII: This ordinance shall take effect and be in full force on January 1, 1974. PASSED AND ADOPTED this 15th day of October, 1973, by the following vote: AYES: COUNCILMEMBERS: DeBELL, DUFFIN, HUGHAN, PATE, SILVA, STOUT and GOODRICH NOES: COUNCILMEMBERS : NONE ABSENT: COUNCILMEMBERS: NONE APPROVED: 7/~~ Mayor -3- ORDINANCE NO. 999 I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 999 is an original ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of sa i d Counc i 1 hel d on the 15th day of October, 19.11., at whi ch meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the 23rd day of October ,1911-. (S ea 1)