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(4) A lease of tangible personal property which is a continuing sale of such <br />property, for any period of time for which the lessor is obligated to lease the property for an <br />amount fixed by the lease prior to the operative date of this ordinance. <br />(5) For the purposes of subparagraphs (3) and (4) of this section, the sale or <br />lease of tangible personal property shall be deemed not to be obligated pursuant to a contract or <br />lease for any period of time for which any party to the contract or lease has the unconditional <br />right to terminate the contract or lease upon notice, whether or not such right is exercised. <br />(c) There are exempted from the use tax imposed by this ordinance, the storage, use <br />or other consumption in this City of tangible personal property: <br />(1) The gross receipts from the sale of which have been subject to a <br />transactions tax under any state-administered transactions and use tax ordinance. <br />(2) Other than fuel or petroleum products purchased by operators of aircraft <br />and used or consumed by such operators directly and exclusively in the use of such aircraft as <br />common carriers of persons or property for hire or compensation under a certificate of public <br />convenience and necessity issued pursuant to the laws of this State, the United States, or any <br />foreign government. This exemption is in addition to the exemptions provided in Sections 6366 <br />and 6366.1 of the Revenue and Taxation Code of the State of California. <br />(3) If the purchaser is obligated to purchase the property for a fixed price <br />pursuant to a contract entered into prior to the operative date of this ordinance. <br />(4) If the possession of, or the exercise of any right or power over, the <br />tangible personal property arises under a lease which is a continuing purchase of such property <br />for any period of time for which the lessee is obligated to lease the property for an amount fixed <br />by a lease prior to the operative date of this ordinance. <br />(5) For the purposes of subparagraphs (3) and (4) of this section, storage, use, <br />or other consumption, or possession of, or exercise of any right or power over, tangible personal <br />property shall be deemed not to be obligated pursuant to a contract or lease for any period of <br />time for which any party to the contract or lease has the unconditional right to terminate the <br />contract or lease upon notice, whether or not such right is exercised. <br />(6) Except as provided in subparagraph (7), a retailer engaged in business in <br />the City shall not be required to collect use tax from the purchaser of tangible personal property, <br />unless the retailer ships or delivers the property into the City or participates within the City in <br />making the sale of the property, including, but not limited to, soliciting or receiving the order, <br />either directly or indirectly, at a place of business of the retailer in the City or through any <br />representative, agent, canvasser, solicitor, subsidiary, or person in the City under the authority of <br />the retailer. <br />(7) "A retailer engaged in business in the City" shall also include any retailer <br />of any of the following: vehicles subject to registration pursuant to Chapter 1 (commencing with <br />Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section <br />21411 of the Public Utilities Code, or undocumented vessels registered under Division 3.5 <br />6 <br />