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Supplement 8H Consent 2013 0506
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Supplement 8H Consent 2013 0506
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5/29/2013 3:17:29 PM
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5/29/2013 3:15:30 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
5/6/2013
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PERM
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8H Consent 2013 0506
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line 1 property and any other organization using the property as provided <br /> line 2 in subparagraph (A) have filed with the assessor a valid <br /> line 3 organizational clearance certificate issued pursuant to Section <br /> line 4 254.6. <br /> line 5 (D) For the purposes of determining whether the property is <br /> line 6 used for the actual operation of the exempt activity, consideration <br /> line 7 shall not be given to the use of the property for meetings conducted <br /> line 8 by any other organization if the meetings are incidental to the other <br /> line 9 organization’s primary activities, are not fundraising meetings or <br /> line 10 activities as defined in subparagraph (B), are held no more than <br /> line 11 once per week, and the other organization and its use of the <br /> line 12 property meet all other requirements of paragraphs (1) to (5), <br /> line 13 inclusive, of this subdivision. The owner or the other organization <br /> line 14 also shall file with the assessor a copy of a valid, unrevoked letter <br /> line 15 or ruling from the Internal Revenue Service or the Franchise Tax <br /> line 16 Board stating that the other organization, or the national <br /> line 17 organization of which it is a local chapter or affiliate, qualifies as <br /> line 18 an exempt organization under Section 501(c)(3) or 501(c)(4) of <br /> line 19 the Internal Revenue Code or Section 23701d, 23701f, or 23701w. <br /> line 20 (E) Nothing in subparagraph (A), (B), (C), or (D) shall be <br /> line 21 construed to either enlarge or restrict the exemption provided for <br /> line 22 in subdivision (b) of Section 4 and Section 5 of Article XIII of the <br /> line 23 California Constitution and this section. <br /> line 24 (4) The property is not used or operated by the owner or by any <br /> line 25 other person so as to benefit any officer, trustee, director, <br /> line 26 shareholder, member, employee, contributor, or bondholder of the <br /> line 27 owner or operator, or any other person, through the distribution <br /> line 28 of profits, payment of excessive charges or compensations, or the <br /> line 29 more advantageous pursuit of their business or profession. <br /> line 30 (5) The property is not used by the owner or members thereof <br /> line 31 for fraternal or lodge purposes, or for social club purposes except <br /> line 32 where that use is clearly incidental to a primary religious, hospital, <br /> line 33 scientific, or charitable purpose. <br /> line 34 (6) The property is irrevocably dedicated to religious, charitable, <br /> line 35 scientific, or hospital purposes and upon the liquidation, <br /> line 36 dissolution, or abandonment of the owner will not inure to the <br /> line 37 benefit of any private person except a fund, foundation, or <br /> line 38 corporation organized and operated for religious, hospital, <br /> line 39 scientific, or charitable purposes. <br />96 <br />— 20 —AB 975 <br />
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