9 t
ORDINANCE NO. 78-9
URGENCY
AN ORDINANCE IMPOSING A SALES AND USE TAX TO BE
ADMINISTERED BY THE STATE BOARD OF EQUALIZATION
AND PROVIDING PENALTIES FOR VIOLATIONS
The City Council of the City of Grand Terrace does ordain as follows:
Section 1. SHORT TITLE. This ordinance shall be known as the Uniform Local Sales and Use Tax Ordinance.
Section 2. RATE. The rate of sales tax and use tax imposed by this ordinance shall be 1%
Section 3. OPERATIVE DATE. This ordinance shall be operative on January '1, 1979
Section 4. PURPOSE. The City Council hereby declares that this ordinance is adopted to achieve the
following, among other, purposes, and directs that the provisions hereof be interpreted in order to accomplish
those purposes:
(a) To adopt a sales and use tax ordinance which complies with the requirements and limitations
contained in Part 1.5 of Division 2 of the Revenue and Taxation Code;
(b) To adopt a sales and use tax ordinance which incorporates provisions identical to those of the
Sales and Use Tax Law of the State of California insofar as those provisions are not inconsistent with the
requirements and limitations contained in Part 1.5 of Division 2 of the Revenue and Taxation Code;
(c) To adopt a sales and use tax ordinance which imposes a 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 practicable to, and requires the least possible deviation from the existing statutory and administrative
procedures followed by the State Board of Equalization in administering and collecting the California State
Sales and Use Taxes;
(d) To adopt a sales and use tax ordinance which can be administered in a manner that will, to the
degree possible consistent with the provisions of Part 1.5 of Division 2 of the Revenue and Taxation Code,
minimize the cost of collecting city sales and use taxes and at the some time minimize the burden of record
keeping upon persons subject to taxation under the provisions of this ordinance.
Section 5. CONTRACT.WITH STATE. Prior to the operative date this city shall contract with the State
Board of"Equalization to perform all functions incident to the administration and operation of this sales and use
tax ordinance; provided, that if this city shall not have contracted with the State Board of Equalization prior to the
operative date, it shall nevertheless so contract and in such a case the operative date shall be the first day of the
first calendar quarter following the execution of such a contract rather than the first day of the first calendar quarter
following the adoption of this ordinance.
Section 6. SALES TAX. For the privilege of selling tangible personal property at retail a tax is hereby
imposed upon all retailers in the city at the rate stated in Section 2 of the gross receipts of the retailer from the
sdle of all tangible personal property sold at retail in this city on.and after the operative date.
Section 7. PLACE OF SALE. For the purposes of this-ordinance, 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 destination. The gross receipts
from such sales shall include delivery charges, when such charges are subject'to the State sales and use tax,
regardless of the place to which delivery is .made. In the 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 State Board of Equalization:
i
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Section 8. USE TAX. An excise tax is hereby imposed on the storage, use or other consumption in this city
of tangible personal property purchased from any retailer on and after the operative date for storage, use or other
consumption in this city at the rate stated in Section 2 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.
Section 9. ADOPTION OF PROVISIONS OF STATE LAW. Except as otherwise provided in this ordinance
and except insofar as they are inconsistent with the provisions of Part 1.5 of Division 2 of the Revenue and
Taxa-
tion Code, all of the provisions of Part 1 of Division 2 of the Revenue and Taxation Code are hereby adppted and
made a part of this ordinance as though fully set forth herein.
Section 10. LIMITATIONS ON ADOPTION OF STATE LAW. In adopting the provisions of Part 1 of Division
2 of the Revenue and Taxation Code, wherever the State of California is named or referred to as the taxing agency,
the name of this City shall be substituted therefor. The substitution, however, shall not be made when the word
"State" is used as part of the title of the State Controller, the State Treasurer, The State Board of Control, the
State Board of Equalization, the State Treasury, or the Constitution of the State of California; the substitution
shall not be made 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 performing the functions incident
to the administration or operation of this ordinance; the substitution shall not be made in those sections, including,
but not necessarily limited to, sections referring to the exterior boundaries of the State of California, where the
result of the substitution would be to provide an exemption from this tax with respect to certain sales, storage, use
or other consumption of tangible personal property which would not otherwise be exempt from this tax while such
sales, storage, use or other consumption remain subject to tax by the State under the provisions of Part 1 of
Division 2 of the Revenue and Taxation Code, or to impose this tax with respect to certain sales, storage, use or
other consumption of tangible personal property which would not be subject to tax by the State under the said
,provisions of that Code; the substitution shall not be made in Sections 6701, 6702 (except in the last sentence
thereof), 6711, 6715, 6737, 6797 or 6828 of the Revenue and Taxation Code; and the substitution shall not be made
for the word "State" in the phrase "retailer engaged in business in this State" in Section 6203 or in the definition
of that phrase in Section 6203.
Section 11. PERMIT NOT REQUIRED. If a seller's permit has been issued to a retailer under Section 6067
of the Revenue and Taxation Code, an additional seller's permit shall not be required by this ordinance.
Section 12. EXCLUSIONS AND EXEMPTIONS.
(a) The amount subject to tax shall not include any sales or use tax i.mposed.by the State of California
upon a retailer or consumer.
(b) The storage, use, or other consumption of tangible personal property, the gross receipts from the
sale of which have been subject to 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 shall be exempt from the tax due under this ordinance.
(c) There are exempted from the computation of the amount of the sales tax 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.
(d) 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 of such vessels for commercial purposes is exempted from the use tax.
(e) There are exempted from the computation of the amount of the sales tax 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.
ST-527-A REV. 2 (11-74) - 2 -
or when the local tax is collected by way of deduction from, or when a refund of local tax is
made in conjunction with, refunds of motor vehicle fuel license taxes, or when local tax is col-
lected and direct allocation is impractical, the Board may distribute or charge such local tax to
all conforming taxing jurisdictions in the county in which the sale or use occurred using the
ratios reflected by the distribution of taxes collected from all other taxpayers in that county.
To the extent that this cannot be done in a manner consistent with the economic and efficient
performance of the duties of the Board under the Revenue and Taxation Code and the provisions
of this Agreement, the Board may distribute or charge such local tax to all conforming taxing
jurisdictions of this State using the ratios reflected by the distribution of taxes collected from
all other taxpayers in the State. In making allocations under this paragraph county tax imposed
at a rate in excess of 1 percent shall be excluded.
C. Vehicles, Vessels, and Aircraft. For the purposes of allocating local tax with
respect to vehicles required to be registered or identified under the Vehicle Code, and with
respect to vessels and aircraft, the address of the registered owner appearing upon the applica-
tion for registration or identification may be used by the Board in determining the city of use.
To the extent this cannot be done in a manner consistent with the economic and efficient perfor-
mance of the duties of the Board under the Revenue and Taxation Code and this Agreement, the
Board may allocate tax with respect to such vehicles, vessels, and aircraft in the manner pro-
vided in Paragraph B of this Article.
ARTICLE IV
COMPENSATION
The City agrees to pay the Board as the Board's cost of administering the City ordi-
nances such amount as is provided by law. Such amounts shall be deducted from the taxes
collected by the Board for the City.
ARTICLE V
MISCELLANEOUS PROVISIONS
A. Communications. Communications and notices may be sent by first-class United
States Mail. A notification is complete when deposited in the mail. Communications and notices
to be sent to the Board shall be addressed to:
State Board of Equalization
P.O. Box 1799
Sacramento, California 95808
Attention: Executive Secretary
Communications and notices to be sent to the City shall be addressed to:
The City of Grand Terrace
Attn: City Manager
22140 Barton Road
Grand Terrace, CA 92324 .
BT-527 REV.5 (11-74) 3 -
B. Term. The date of this Agreement is the date on which it is approved by the De-
partment of General Services. The Agreement shall take effect on the first day of the calendar
quarter next succeeding the date of such approval, but in no case before the operative date of
the City ordinance, nor on a day other than the first day of a calendar quarter. This Agreement
shall continue until September 30 next following the operative date of the City ordinance, and
shall thereafter be renewed automatically from year to year unless one of the parties gives
written notice of termination at least two months before the end of the term. The Board may ter-
minate this Agreement in the manner provided by law.
STATE BOARD OF EQUALIZATION
By
Executive Secretary
CITY OF Grand Terrace
By
(Signa ure.on this line)
Tony Petta
(Type name here)
Mayor
(Type title here)
i
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IMPORTANT INSTRUCTIONS
I. Insert name of the City at top of page 1; insert address for communications and notices to City in
Section A, Article V.
2. Ele five copies of the Agreement, sending all of them to the Secretary, State Board of Equalization,
P.O. Box 1799, S a c r a m e n t o, California 95808. (If the City desires to keep a file copy o f the
Agreement, an additional copy should be prepared for that purpose.)
3. Attach to each copy of the Agreement sent to the Board, a certified copy of the City Sales and Use
Tax Ordinance, also attach to each copy a certified copy of the order, motion or resolution of the City
Council authorizing the execution of the Agreement.
Explanation
When an Agreement is transmitted in accordance with the kregoing instructions, it will be executed
on behalf of the Board and submitted to the Department of General Services for approval. When approved,
one copy will be returned to the City with endorsement of approval. If a copy has been retained by the
City, it may then be conformed to the approved copy.
BT-527 REV. 5 (11-74) - 5 -
City of Grand Terrace
AGREEMENT FOR STATE ADMINISTRATION OF LOCAL SALES AND USE TAXES
To carry out Part 1.5 of Division 2 of the Revenue and Taxation Code and the sales and
use tax ordinance of the City hereinabove designated, hereinafter called the City, copy of which
ordinance is attached hereto, the City and the State Board of Equalization, hereinafter called
the Board, do agree as follows:
ARTICLE I
DEFINITIONS
Unless the context requires otherwise, wherever the following terms appear in this
Agreement they shall be interpreted to mean the following:
1. "Local Taxes" shall mean the sales and use taxes, penalties, and interest imposed
by the City under an ordinance which complies with Part 1.5, Division 2, of the Revenue and
Taxation Code.
2. "Conforming Taxing Jurisdiction" shall mean any county, city, or city and county of
this State which has adopted a sales and use tax ordinance of the kind described in Part 1.5 of
Division 2 of the Revenue and Taxation Code and which has entered into a contract with the
State Board of Equalization to perform all functions incident to the administration and operation
of the ordinance.
3. "City Ordinance" shall mean the Uniform City Sales and Use Tax Ordinance attached
hereto, as amended from time to time.
ARTICLE II
ADMINISTRATION AND COLLECTION OF LOCAL TAXES
A. Administration. The Board and the City agree that the Board shall perform ex-
clusively all functions incident to the administration and operation of the City ordinance.
B. Other applicable laws. The City agrees that all provisions of law applicable to the
administration and operation of the State Sales and Use Tax Law shall be applicable to the
administration and operation of the City ordinance and that money collected pursuant to the City
ordinance may be deposited in the State Treasury to the credit of the Retail Sales Tax Fund and
may be drawn from that Fund for the purpose of making refunds, for the purpose of compensating
and reimbursing the Board pursuant to Article IV of this Agreement and for the purpose of trans-
mitting to the City the amount to which the City is entitled.
C. Transmittal of money. Except as otherwise provided herein,all local taxes collected
under the provisions of the City ordinance shall be transmitted to the City periodically as
promptly as feasible. Such transmittals shall be made at least twice in each calendar quarter.
Transmittals may be made by mail or by deposit to the account of the City in a bank in Sacra-
mento designated by the City. A statement shall be furnished indicating the amount withheld
pursuant to Article IV of this agreement.
D. Rules. The Board shall prescribe and adopt such rules and regulations as in its
judgment are necessary or desirable for the administration and operation of the City ordinance
and the distribution of the local taxes collected thereunder.
BT-527 REV.5 (11-74)
E. Preference. Unless the payor instructs otherwise and except as otherwise provided
in this Agreement, the Board shall give no preference in applying money received for sales and
use taxes owed by a taxpayer but shall apply all monies collected to the satisfaction of the
claims of the State and the claims of the City as their interests appear.
F. Security. The Board agrees that any security which it hereafter requires to he fur-
nished under the State Sales and Use Tax Law will be upon such terms that it also will be
available for the payment of the claims of the City for local taxes owing to it as its interest
appears. The Board shall not be required to change the terms of any security now held by it and
the City shall not participate in any security now held by the Board.
G. Names of sellers. The Board agrees to furnish the names, addresses, account num-
bers, and the business classification codes of all sellers holding sellers' permits within the
City.
H. Records of the Board. When requested by resolution of the City Council of the City,
the Board shall permit any duly authorized officer or employee of the City. to examine the sales
and use tax records of the Board pertaining to sales and use taxes collected for the City by the
Board_pursuant to this Agreement. Information obtained by the City from the examination of the
Board's records shall be used by the City only for purposes related to the collection of local
sales and use taxes by the Board pursuant to this Agreement.
I. City tax rate. The City agrees that any change in the rate of its conforming local
sales and use tax will be made effective at the beginning of a calendar quarter and that it will
give the Board at least two months' notice thereof and that it will also give notice to the Board
of Supervisors of the County in which the City lies.
J. Annexation. The City agrees that the Board shall not be required to give effect to an
annexation, for the purpose of collecting and distributing city sales and use taxes, earlier than
the first day of the calendar quarter which commences not less than two months after notice to
the Board. The notice shall include two maps of the annexed area together with the address
of the property nearest to the extended city boundary on every street crossing that boundary.
ARTICLE Ill
ALLOCATION OF TAX
A. Deficiency determination. All local taxes collected as a result of determinations or
billings made by the Board, and all amounts refunded or credited may be distributed or charged
to the respective conforming taxing jurisdictions in the same ratio as the taxpayer's self-
declared local tax for the period for which the determination, billing, refund, or credit applies.
B. Allocation. When the 1 o c a 1 t a x is collected from or refunded or credited to the
following:
(1) Retailers having traveling sellers' permits or certificates of authority to collect
use tax issued by the Board;
(2) Persons regarded by the Board as retailers pursuant to Section 6015 of the Reve-
nue and Taxation Code;
(3) Persons for whom no continuing account number was active at the date of pay-
ment; or
(4) Other retailers or purchasers having no permanent place of business within the
State as determined by the Board;
BT-527 REV. 5 (11-74) - 2 -
(f) 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 neces-
sity issued pursuant to the laws of this state, the United States, or any foreign government is exempted
from the use tax.
Section 13. AMENDMENTS. All subsequent amendments of the Revenue and Taxation Code which relate to
the sales and use tax and which are not inconsistent with Part 1.5 of Division 2 of the Revenue and Taxation Code
shall automatically become a part of this ordinance.
Section 14. ENJOINING COLLECTION FORBIDDEN. No injunction or writ of mandate or other legal or,
equitable process shall issue in any suit, action or proceeding in any court against the State or this City, or
against any officer of the State or this City, to prevent or enjoin the, collection under this ordinance, or Part 1.5 of
Division 2 of the Revenue and Taxation Code, of any tax or any amount of tax required to be collected.
Section 15. PENALTIES. Any person violating any of the provisions of this ordinance shall be deemed
guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than $500.00 or by
imprisonment for a period of not more than six months, or by both such fine and imprisonment.
Section 16. SEVERABILITY. If any provision of this ordinance or the application thereof to any person or
circumstance is held invalid, the remainder of the ordinance and the application of such provision to other persons
or circumstances shall not be affected thereby.
Section 17. EFFECTIVE DATE. This ordinance relates to taxes for the usual and current expenses of the
City and shall take effect immediately.
Section 18. URGENCY. Thin ordinance is hereby declared an urgency
measure necessary for the immediate protection and preservation o the
public peace,safety, health and welfare of persons and property within
the City of Grand Terrace. The facts establishing the necessity for
such urgency measure are these: that the City is authorized to impose
a sales tax and that it is immediately necessary to provide the general
revenues for the immediate continued operation of the City services
including the protection of the general public.
ADOPTED this 15th day of December, 1978 .
M yor f the city of Grand Terrace
and of the City Council thereof.
ATTEST:
City C er of the City of Grand
Terrace and of the City Council '�P , 5 7&
thereof,
(0 FIJ,AL SEAL)
(SEAL)
JAMES S. ROSS
��!E NOTARY PUBLIC•CALIFORNIA �
SAN BERNARDINO COUNTY �(J/ 4py n{
20*+q7*
icn Expires March 14, 1981BT-527-A R - — — — -- _ 3 _
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss.
CITY OF GRAND TERRACE )
I, SETH ARMSTEAD, City Clerk of the City of Grand Terrace,
DO HEREBY CERTIFY that the foregoing ordinance was duly adopted
by the City Council of said City at the special meeting of the
City Council held on the 15th day of December, 1978 , and that
it was so adopted by the following vote:
AYES: Councilmembers Erway, Allen, Grant; Mayor Petta
NOES: None
ABSENT: Councilmember Tillinghast
City Clerkof the City of Grand
Terrace and of the City Council
thereof.
(OFi I;�!.AL SEAL)
JA,%iiES S. ROSS
NO;AI,'I PUBLIC-CALIFORNIA
:* •, . " SAN BERNARDINO COUNTY
;r ssion Expires March 14, 1981
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss.
CITY OF GRAND TERRACE )
I, SETH ARMSTEAD, City Clerk of the City of Grand Terrace,
DO HEREBY CERTIFY that the above and foregoing is a full, true
and correct copy of Ordinance No. 78-9 of said City Council, and
that the same has not been amended or repealed.
DATED: December 15, 1978.
City ClekZ of the City of Grand
Terrace and of the City Council
thereof.
3?EAI�
.•=;gr.; (O FICIAL SEAL) ..i
JANIES S. ROSS
NOTARY PUBLIC-CALIFORNIA
SAN BERNARDINO COUNTY -
If y u Lr ;en Expires March 14, 1981