This chapter shall be known as the Uniform Local Sales and Use
Tax Ordinance.
[Ord. #353, S1]
A sales and use tax is established, the purpose of which is
to impose a tax as hereinafter set forth and provide a measure therefor
that can be administered and collected by the State Board of Equalization
in a manner that adapts itself as fully as practical 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.
[Ord. #353, S2]
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 1% of the gross receipts of the retailer from the sale of all tangible
personal property sold at retail in said city at the rate of 1% of
such gross receipts on and after April 1, 1979.
[Ord. #353, S3]
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 and after the operative date of this section for storage,
use, or other consumption in the city at the rate of 1% of the sales
price of the property to and including at the rate of 1% of such sales
price on and after April 1, 1979. 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.
[Ord. #310, S3]
This chapter shall be operative on January 1, 1974.
[Ord. #310, S4]
The city council hereby declares that this chapter 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
same time minimize the burden of record keeping upon persons subject
to taxation under the provisions of this chapter.
[Ord. #310, S5]
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 chapter.
[Ord. #310, S6]
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 11-3 of the gross receipts of the retailer from the sale of all tangible personal property sold at retail in this city on and after the operative date.
[Ord. #310, S7]
For the purpose of this chapter, 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.
[Ord. #310, S8]
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 11-2 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.
[Ord. #310, S9]
Except as otherwise provided in this chapter and except insofar
as they are inconsistent with the provisions of Part 1.5 of Division
2 of the Revenue and Taxation Code, all of the provisions of Part
1 of Division 2 of the Revenue and Taxation Code are hereby adopted
and made a part of this chapter as though fully set forth herein.
[Ord. #310, S10]
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.
[Ord. #310, S11]
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 chapter.
[Ord. #310, S12; Ord. #84-1, S2]
a.
The amount subject to tax shall not include any sales or use tax
imposed 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 chapter.
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.
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
necessity issued pursuant to the laws of this state, the United States,
or any foreign government is exempted from the use tax.
[1]
Section 11-12 shall be operative on the operative date of any act of the Legislature of the State of California which amends Section 7202 of the Revenue and Taxation Code or which 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 as those subdivisions read on October 1, 1983.
[Ord. #310, S13; Ord. #84-1, S1]
a.
The amount subject to tax shall not include any sales or use tax
imposed 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 chapter.
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 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.
d.
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 is exempted from the use tax.
[Ord. #310, S14]
a.
Section 11-13 of this chapter shall become operative on January 1 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 Section 11-12 shall become inoperative.
b.
In the event that Section 11-13 becomes operative and the State Board of Equalization subsequently adopts an assessment ratio for the state assessed property which is higher than the ratio which is required for local assessments by Section 401 of the Revenue and Taxation Code, Section 11-12 shall become operative on the first day of the month next following the month in which such higher ratio is adopted, at which time Section 11-13 shall be inoperative 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 and Taxation Code, at which time Section 11-13 shall again become operative and Section 11-12 shall become inoperative.
[Ord. #310, S15]
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 chapter.
[Ord. #310, S16]
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 chapter,
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.
[Ord. #310, S17]
[Ord. #241, S1]
Pursuant to California Revenue and Taxation Code S11911, does
hereby impose, on each deed, instrument, or writing by which any lands,
tenements, or other realty sold within the city shall be granted,
assigned, transferred, or otherwise conveyed to, or vested in, the
purchaser or purchasers, or any other person or persons, by his or
their direction, when the consideration or value of the interest or
property conveyed (exclusive of the value of any lien or encumbrance
remaining thereon at the time of sale) exceeds $100 a tax at the rate
of $0.275 for each $500 or fractional part thereof.
[Ord. #94-6, S1; Ord. #95-1, S1; Ord. #97-3, S1; Ord. #98-2,
S1; Ord. #02-01, S1; Ord. #03-02, S1; Ord. #04-03, S1]
Notwithstanding anything in this Chapter 11 to the contrary, effective on and after 12:01 a.m., July 1, 2004, the sales and use tax imposed by the provisions of this Chapter 11 shall be reduced from their current rate of 0.9550% to a new rate of 0.9500%. The purpose of this change of rate is to allow the County of Fresno to receive 0.050% of 1% of the sales and use taxes which would otherwise be collected by the City of Firebaugh, all in accordance with authorization of their respective governing bodies, the city and agency having authorized execution on June 13, 1994. If for any reason the purposes of this change of rate are not accomplished, then this section shall cease to be of any force or effect; provided, notice of change in rate shall be given as required by law.
