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Ord 2010-022
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Ord 2010-022
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12/13/2010 5:35:11 PM
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12/13/2010 5:35:11 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Ordinance
Document Date (6)
12/6/2010
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PERM
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Reso 2010-150
(Reference)
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\City Clerk\City Council\Resolutions\2010
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(3) The sale of tangible personal property if the seller is obligated to furnish <br /> the property for a fixed price pursuant to a contract entered into prior to the operative date of this <br /> ordinance. <br /> (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 o£ 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 /> ORDINANCE NO. 2010 -022 6 <br />
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