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Ordinance 1983-21ORDINANCE NO. 83-21 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING CITY CODE CHAPTER 22 PERTAINING TO SALES AND USE TAX The City Council of the City of Gilroy does ordain as follows: Section 1. City Code Section 22.8, subparagraph (4.5) is amended 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 consumer. (ii) 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. Section 2. City Code Section 22.9, subparagraph (3~5) is amended 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 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) In addition to the exemptions 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 ORDINANCE NO. 83-21 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 3. City Code Section 22°8, subparagraph (4.5) as amended by Section 1 of this ordinance, is amended 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 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 purposes. (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 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 4. City Code Section 22.9~ subparagraph (3.5) as amended by Section 2 of this ordinance is amended 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 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. -2- ORDINANCE NO. 83-21 (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 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 necessity issued pursuant to the laws of this state, the United States, or any foreign government. Section 5. Sections 1 and 2 of this ordinance shall be operative January 1, 1984. Section 6. Sections 3 and 4 of this ordinance shall be operative on the operative date of any act of the Legislature of the State of California which amends or repeals and reenacts Section 7202 of the Revenue and Taxation Code to provide an exemption from city sales and use taxes for operators of waterborne vessels in the same, or substantially the same, language as that existing in subdivisions (i) (7) and (i) (8) of Section 7202 of the Revenue and Taxation Code as those subdivisions read on October 1, 1983. This is an Emergency Ordinance which shall take effect immediately upon its passage and approval. The facts and circum- stances giving rise to the emergency are as follows: Adoption of this Ordinance to take effect January 1, 1984, is necessary to comply with state sales and use tax law. Under normal adoption procedures,'this Ordinance would not be effective until January 19, 1984. ORDINANCE NO. 83-21 This Ordinance was introduced as an emergency measure and passed and adopted to become effective immediately and ordered published by title and summary in accordance with provisions of the City Charter at a regular session of the City Council held on the 5th day of December, 1983, by th~ following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, P',~TE, VALDEZ AND HUGHAN COUNCILMEMBERS: NONE COUNCILMEMBERS: NONE ATTEST: · ' City Cler~ ORDINANCE NO. 83-21 -4- I, SUSANNE E. STEIh~IETZ, City Clerk of the City of GilroY, do hereby certify that the attached Ordinance No. 83-21 is an original ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 5th day of present. December , 19 83 , at which meeting a quorum was affixed the Official Seal of the City of Gilroy, this of December , 19 83 /Czty Clerk of the City of Gilroy ~) ~ IN' WITNESS WHEREOF, I have hereunto set my hand and 9th day (Seal)