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HomeMy WebLinkAbout0318NG ORDINANCE NO. 318 (New Series) AN ORDINANCE A11EEDING SECTIONS 2 AND 4 OF ORDI1`JANCE NO. 300 (NEj7 SERIES) ENTITLED: "AN ORDIJ�,Ai` CE OF THE CITY OF SALT LUIS OBISPO IMPOf�ING A LICENSE TAX FOR THE PRIVILEGE OF SELLI;:�G TAi,TGIBLE PERSONAL PROPERTY AT RETAIL ON AND Ai +TER JULY 1, 1948, EXCEPT AS IN THIS ORDINANCE PROVIDED: PROVl'ING FOR PERMITS To RETAILERS, PROVIDING FOR THE COLLECTING AND PAYING OF SUCH TAX, AND PRESCRIBING PENALTIES FOR VIOLATIONS OF THE PROVISIONS HEREOF." BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Section 2 of Ordinance No. 300 ,(dew -geries), the title of which is set forth in the title of this ordinance, is hereby amended to read as follows: Section 2. TAX LEVIED IN SA_:E Fi1d14ER AS STATE TAX. The tax hereby levied., except as otherwise herein provided, is levied in the same manner, to the same extent and under the same condi- tions as sales taxes are levied pursuant to Part 1 of Division 2 of the California Revenue and Taxation Code, 'Known as the "Sales and Use Tax Law," as amended and in force and effect on October 1, 1949. SECTION 2. Section 4 of Ordinance No- 300 (New -der i e s) , the title of which is set forth in the title of this ordinance is hereby amended to read as follows: Section 4.ADOPTION OF STATE SALE: TAX LAW 'BY REFERENCE. EXCEPTIONS. All of the as a.menc.ed, and in force ,^rovisi.ons thereof pert 6051, 6052, 6053, 6066, 7056, 7057, 7101, 7102, provisions of the "Bales and-Use Tax Law," and effect on October 1, 1949, except the L:,ining solely to the "Use Tax" and. Sections 6067, 6o68, 6o69, 6070, 6071, 6451, 7052, 71031 7151, 7152, 7153, applicable to sales of property at retail, are hereby adopted and made a part of this ordinance as thou gh fully set forth herein, and all provision: of any other ordinance in conflict therewith are inapplicable to this ordinance and the tax hereby imposed; provided, however, the term "gross receipts," as used herein, does not include the amount of any tax imposed by the State of California upon or with respect to retail sales whether imposed upon the retailer ox upon the con - sumer. All of the provisions of the "Sales and Use Tax Lair." here- by adopted, providing for the aaoption of rules and regulations and for hearing on the part of the State Board of Equalization shall be performed by the City Council of the City of San Luis Obispo. All other provisions of the "Sales and Use Tax Law" hereby adopted, providing for the performance of official action on the part of the State Board of Ecualization shall be performed by the City Tax Col- lector. The City of San Luis Obispo shall be deemed substituted for the State of California whenever the State is referred to in said "Sales and Use Tax Law ". The City Attorney of San Luis Obispo shall be deemed sub- stituted for the Attorney General whenever the Attorney General is referred to in said Sales and Use Tax Law." The City Auditor shall be deemed substituted for the State Controller ant, State Board of Control whenever the State Controller of State Board of Control are referred to in said "Sales andi Use Tax Law. " The County of San Luis Obispo shall be deemed substituted for the County of Sacrarmento whenever the County of Sacramento is referred to in said "Sales and Use Tax Law." SECTION 3• These amendments shall be effective on and after October 11 1y49. SECTION 4. This ordinance is required for the immediate -preservation of the public health, peace and safety of the City of San Luis Obispo and the following is a, statercent of facts constitut- ing such emergency: That ®'rdinance No. 300 (view Series) adopts the State Sales Tax Law by reference as Amended and in force on July 1, 1948'. That the State Legislature during its 1949 regular session made certain changes in the State Sales Tax Law, some of which,be- came effective on July 1, 1949, and others of which become effective -2- i' on October 1, 1949. That it is urgent that Ardinance No. 300 (drew Series) be amended as herein set forth to conform with said changes, and that these amendments be in effect on October 1, 1949, the starting date for the next quarterly city sales tax period, the in- come from said sales tax being urgently necessary in order to aid in the carrying on of the necessary functions of the City. SECTION 5. This ordinance, together with the Ayes and Noes, shall be published for two days before its final passage in the Telegram- Tribune, daily newspaper printed, published ana cir- culated in said City and. shall take effect and_ be in force immediately upon its final passage and approval. INTRODUCED AND PASSED TO PRINT this �/ day of Sept- ember, 1949, by the following vote: AYES: n._M. ,arm -n -ter_ Wm._0. Hamel, Kline William, Frank V. Woods N &OES : None ASSENT: Timothv I. O'Reill Mayor.,_ ATTES City Clerk -3- IV Finally passed this 26th day of September, 1949, upon the following roll call vote: Aves: D. M. Carpenter, TVm. 0. Hall Kline Williams, Timo O'Reilly, Frank V. Woods. Noes: None Absent: None r • Attes. itv Clerk I