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Ordinance Number 5002� ORDINANCE NO. 500 IMPOSING SALES AND USE TAX ADMINISTERED BY STATE BOARD OF EQUALIZATION AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING TITLE 3 OF THE MUNICIPAL CODE - IMPOSING A SALES AND USE TAX TO BE ADMINISTERED BY THE STATE BOARD OF EQUALIZATION THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Amendment. Title 3, Section 3-3.412 of the San Juan Capistrano Municipal Code is amended to read: "Section 3-3.412. Exclusions and Exemptions. "(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 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 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. -1- zui SECTION 2. Amendment. Section 3-3.413 of Title 3 of the San Juan Capistrano Municipal Code as amended by Section 1 of this Ordinance is amended to read: "Section 3-3.413. Exclusions and Exemptions. "(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 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 o personal property purc waterborne vessels and operators directly and of persons or property commercial purposes is Cher consumption of tangible teased by operators of used or consumed by such exclusively in the carriage of such vessels for 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 -2- y� "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." SECTION 3. Section 1 shall be operative January 1, 1984. SECTION 4. Section 2 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 subdivision (i)(7) and (i)(8) of Section 7202 as those subdivisions read on October 1, 1983. SECTION 5. Effective Date. This Ordinance relates to taxes for the usual and current expenses of the City of San Juan Capistrano and shall take effect immediately. SECTION 6. Repeal. Section 3-3.414 is repealed. SECTION 7. Citv Clerk's Certification. The City Clerk shall certify to the adoption of this Ordinance and cause same to be posted at the duly designated posting places within the City of San Juan Capistrano within fifteen (15) days after its passage. In addition, the City Clerk is hereby directed to immediately forward four certified copies of this Ordinance to the local tax unit of the State Board of Equalization. PASSED, APPROVED AND ADOPTED this 6th day of December , 1983, by the following vote, to wit: AYES: Councilmen Friess, Hausdorfer, Buchheim, Schwartze, and Mayor Bland NOES: None ABSENT: None ANTHONY L. BLAND, MAYOR ATTEST: ITY CLE 29q TATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Ordinance No. 500 , adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 6th day of December , 1983. (SEAL) d / 04 +� MARY ANN OVER, CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. AFFIDAVIT OF POSTING CITY OF SAN JUAN CAPISTRANO ) MARY ANN HANOVER, being first duly sworn, deposes and says: That she is the duly appointed and qualified City Clerk of the City of San Juan Capistrano; That in compliance with State laws of the State of California and in further compliance with City Resolution No. 79-2-21-7 and on the 9th day of December , 1983 , she caused to be posted: ORDINANCE NO. 500 being: IMPOSING SALES AND USE TAX ADMINISTERED BY STATE BOARD OF EQUALIZATION AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING TITLE 3 OF THE MUNICIPAL CODE - IMPOSING A SALES AND USE TAX TO BE ADMINISTERED BY THE STATE BOARD OF EQUALIZATION in three (3) public places in the City of San Juan Capistrano, to wit:_ The Administration Building; The San Juan Hot Springs Dance Hall; The Orange County Public Library. CHICK LIST ORD. NO -076D RES. NO.........._ ..-_t/.. Mayor has signed ✓.... Clerk has signed ._.. City Seal stamped ✓.__ All blanks typed in "Absent.. ..... .__........_................................ .............. Typed in Official Record Book .............. Posted to Classified Card ` \ ..__._---- Copies sent to.�?!Sf'. aJj. _.__. Legal Publication ordered to be published (date) ..... ......._......_._..._........... ....... ....------- No. Affidavits ._......._........ ------ ------- --------...._. No. Printed copies required .._..._.......... tks MARY ANNPANOVER, CITY CLERK San Juan Capistrano, California -4-