This chapter shall be known as the Transactions and Use Tax
Ordinance. The city of West Sacramento hereinafter shall be called
"city." This chapter shall be applicable in all territory within the
city boundaries.
(Ord. 02-12 § 1)
"Operative date" means the first day of the first calendar quarter
commencing more than one hundred ten days after the adoption of the
ordinance codified in this chapter and chapter, the date of such adoption
being as set forth below, and the approval of the voters of the city
of a measure approving the imposition of the transactions and use
tax set forth herein; provided that if the city shall not have entered
into a contract with the State Board as required herein prior to such
date, the operative date shall be the first day of the first calendar
quarter following execution of such a contract.
(Ord. 02-12 § 1)
The purpose of this chapter is to achieve the following, among
other purposes, and directs that the provisions hereof be interpreted
in order to accomplish those purposes:
A. To impose
a retail transactions and use tax in accordance with the provisions
of Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue
and Taxation Code and Section 7286.75 of Part 1.7 of Division 2 which
authorizes the city to adopt this tax ordinance which shall be operative
if a majority of the qualified voters of the city voting on the measure
vote to approve the imposition of the tax at an election called for
that purpose.
B. To adopt
a retail transactions and use tax ordinance that 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 1.6 of Division 2 of the Revenue
and Taxation Code.
C. To adopt
a retail transactions and use tax ordinance that imposes a tax and
provides a measure therefore 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 retail transactions and use tax ordinance that can be administered
in a manner that will be, to the greatest degree possible, consistent
with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation
Code, minimize the cost of collecting the transactions and use taxes,
and at the same time, minimize the burden of record keeping upon persons
subject to taxation under the provisions of this ordinance.
(Ord. 02-12 § 1)
Prior to the operative date, the city shall contract with the
State Board of Equalization to perform all functions incident to the
administration and operation of this transactions and use tax ordinance;
provided, that if the 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.
(Ord. 02-12 § 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 half of one percent until March 31, 2033 and thereafter at
the rate of one-quarter of one percent of the gross receipts of any
retailer from the sale of all tangible personal property sold at retail
in the city on and after the operative date of the ordinance codified
in this chapter.
(Ord. 02-12 § 1; Ord. 08-13 § 2)
For the purposes 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 or her 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. 02-12 § 1)
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 the ordinance codified
in this chapter for storage, use or other consumption in the city
at the rate of one-half of one percent until March 31, 2033 and thereafter
at the rate of one-quarter of one percent 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. 02-12 § 1; Ord. 08-13 § 2)
Except as otherwise provided in this chapter and except insofar
as they are inconsistent with the provisions of Part 1.6 of Division
2 of the
Revenue and Taxation Code, all of the provisions of Part
1 (commencing with Section 6001) of Division 2 of the Revenue and
Taxation Code are hereby adopted and made a part of the ordinance
codified in this chapter as though fully set forth herein.
(Ord. 02-12 § 1)
In adopting the provisions of Part 1 of Division 2 of the Revenue
and Taxation Code:
A. Wherever
the state of California is named or referred to as the taxing agency,
the name of this city shall be substituted therefore. However, the
substitution shall not be made when:
1. The
word "state" is used as a part of the title of the State Controller,
State Treasurer, State Board of Control, State Board of Equalization,
State Treasury, or the Constitution of the state of California;
2. The
result of that substitution would require action to be taken by or
against this city or any agency, officer, or employee thereof rather
than by or against the State Board of Equalization, in performing
the functions incident to the administration or operation of this
ordinance.
3. 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:
a. 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;
b. 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 provision of that code.
B. The
word "city" shall be substituted for the word "state" in the phrase
"retailer engaged in business in this state" in Section 6203 and in
the definition of that phrase in Section 6203.
(Ord. 02-12 § 1)
If a seller's permit has been issued to a retailer under Section
6067 of the
Revenue and Taxation Code, an additional transactor's
permit shall not be required by this chapter.
(Ord. 02-12 § 1)
All amendments subsequent to the effective date of the ordinance
codified in this chapter to Part 1 of Division 2 of the Revenue and
Taxation Code relating to sales and use taxes and which are not inconsistent
with Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation
Code, and all amendments to Part 1.6 and Part 1.7 of Division 2 of
the
Revenue and Taxation Code, shall automatically become a part of
this chapter, provided however, that no such amendment shall operate
so as to affect the rate of tax imposed by this chapter.
(Ord. 02-12 § 1)
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 the city, or against any officer of the state
or the city, to prevent or enjoin the collection under this chapter,
or Part 1.6 of Division 2 of the
Revenue and Taxation Code, of any
tax or any amount of tax required to be collected.
(Ord. 02-12 § 1)
If any provision of this chapter or the application thereof
to any person or circumstance is held invalid, the remainder of the
chapter and the application of such provision to other persons or
circumstances shall not be affected thereby.
(Ord. 02-12 § 1)
This chapter relates to the levying and collecting of the city
transactions and use taxes and shall take effect immediately and shall
be published within fifteen days after adoption in a paper of general
circulation published and circulated within the city of West Sacramento.
(Ord. 02-12 § 1)