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O 452 C.S. _.. - " , 23~ ORDINANCE NO. 452 C.S. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING MUNICIPAL CODE TITLE 3, CHAPTER 1 REGARDING BUSINESS LICENSING, CHAPTER 2 REGARDING FUNDS AND CHAPTER 3 REGARDING TAXES~ AND TITLE 5, CHAPTER 10 REGARDING TAXICAB DRIVERS, CHAPTER 12 REGARDING BINGO GAMES, CHAPTER 13 REGARDING PARENTS' RESPONSIBILITY FOR LOITERING MINORS THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 3-1.305 (a) and (b) is hereby amended to read as follows: Sec. 3-1.305. License fees: Exemptions: other Except as otherwise specifically provided in this chapter, the "- provisions of this chapter shall not be deemed or construed to apply to any of the following: (a) Banks, including national banking associations, to the extent provided in subsection (a) of Section 27 of Article XIII of the Constitution of the State~ (b) Insurance companies and associations to the extent provided in Section 28 of Article XIII of the Constitution of the state~, SECTION 2. Section 3-1.306 is hereby amended to read as follows: Sec. 3-1.306. License fees: Exemptions: Vehicle deliveries. Except as otherwise specified in this chapter, vehicle deliveries shall be exempt from the provisions of this chapter if: (a) The vehicle delivery is incidental or occasional within the city: or . (b) The business is a regulated carrier of merchandise by motor vehicle. All exemptions under this chapter shall be approved by the Finance Director or the Council before any business may operate without a business license fee within the city limits. The Finance Department shall provide the necessary forms to all businesses wishing to qualify for this exemption. SECTION 3. Section 3-1.413 is hereby amended to read as follows: Sec. 3-1.413 Cb). Games of Chance. (b) In the conformance to the State Penal Code Section 326.5(a), licenses shall be granted only to organizations exempted from the payment of the bank and corporation tax by Sections 23701a, 2310lb. 2370ld, 2370le, 23701f, 23701g, and 237011 of the Revenue and Taxation Code and to mqbile home park associations and senior citizens organizations: and provided that the receipts of '-....-. such gallles are used only for chari table purposes. Each application shall be accompanied by a certificate issued by the Franchise Tax Board of the State or the Internal Revenue Service certifying the tax exempt status of the organization. SECTION 4. section 3-2.104 is hereby amended to read as follows: Sec. 3-2.104. Levy of Taxes. Taxes may be levied upon the taxable property in the city for the raising of moneys for such fund. In making the levy, the City shall not exceed any limitations upon its right to impose taxes prescribed by law except as authorized by law. - 1 ._-"~~-_._- 240 .. ORDINANCE NO. ..4.5.LC.S. SECTION 5. Sections 3-3.212 and 3-3.214 are hereby repealed in their entirety. SECTION 6. sections 3-3.213 (e) - (k) , 3-3.405 and 3-3.412 are hereby amended as follows: Sec. 3-3.213. 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 'I consumer; (b) The storage, use, or other consumption of tangible l 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 rrom 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 .01' 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. Sec. 3-3.405. Inst~ments of united States. state. territory or political subdivision. etc. In conformance with the state Revenue and Taxation Code Section 11922, any deed, instrullent or writing to which the United states or any agency or instrumentality theJ:'eof, any state or territory, or political subdivision thereof, is a party shall be exempt from any tax imposed pursuant to the provisions of this article when the exempt agency is acquiring title. Sec. 3-3.412. Exemptions. In conformance with the State ReVenue and Taxation. Code sections 11926 through l1929, the following shall be exempted from any tax imposed pursuant to the provisions of this article: (a) Any tax imposed pursuant to this article shall not l apply with respect .to any deed, instrument, or writing to a beneficiary or mortgagee, which is taken from the mortgagor or trustor as a result of or in lieu or foreclosure: provided, that such tax shall apply to the extent that the consideration exceeds the unpaid debt, including accrued interest and cost of foreclosure. (b) Any tax imposed pursuant to this article shall not apply with. respect to any deed, instrument, or other writing which purports to tral1sfer, divide, or allocate cOlllJllunity, - quasi- community, or quasi-marital property assets between spouses for the purpose of effecting a division of community, quasi-community, or quasi -marl tal property which is required by a judgment decreeing as dissolution of the marriage or legal separation, by a judgment or nullity, or by any other judgment or order rendered pursuant to Part 5 (commencing with section 4000) of Division 4 of the Civil 2 _._...~_.,-~- w_...._._,.____...,__.~ , 241 ORDINANCE NO.~C.S. ~-~. code, or by a written agreement between the spouses, executed in contemplation of any such jUdgment or order, whether or not the' written agreement is incorporated as part of any of those judgments or orders. In order to qualify for the exemption provided, the deed, instrument, or other writing shall include a written recital, signed by either spouse, stating that the deed, instrument, or other writing is entitled to the exemption. (c) Any tax imposed pursuant to this article shall not apply with respect to any deed, instrument, or other writing by which realty is conveyed by the state of California, any political subdivision thereof, or agency or instrumentality of either thereof, pursuant to an agreement whereby the purchaser agrees to immediately reconvey the realty to the exempt agenoy. ~- (d) Any tax imposed pursuant to this artiole shall not apply with respect to any deed, instrument or other writing by which the state of California, any political subdivision thereof, or agency or instrumentality of either thereof, conveys to a nonprofit corporation realty the acquisition, construction, or improvement of which was financed or refinanced by obligations issued by the nonprofit corporation on behalf of the government unit, within the meaning of section 1.103-l(b) of Title 26 of the Code of Federal Regulations. SECTION 7. Sec. 5-l0.09(c)(2) and (4) are hereby amended to read as follows: Sec. 5-10.09. Taxicab drivers: Permits. (c) No permit shall be issued and a permit theretofore granted shall be revoked: (l) If the applicant is under twenty-one (21) years of age; (2) If the applicant has not resided in the County sixty (60) days immediately prior to filing; (3) If the applicant does not possess a valid Class "c" driver's license issued by the state; (4) If the applicant is a reckless driver or has been convicted of reckless driving or driving while under the influence of intoxicating liquor or narcotics; (5) If the applicant is guilty or has been convicted of a felony or crime involving moral turpitude; (6) If the applicant is not a fit and proper person to drive a taxicab; or (7) If the applicant violates any provision of this- chapter. ~. - SECTION 8. Sec. 5-l2.05(a) is hereby amended to read as.follows: - - Sec. 5-12.05(8\. Licenses: Issuance or denial: Nontransferable. (a) In conformance with State Penal Code section 326.5(a), licenses shall be granted only to organizations exempted from the payment of the bank and corporation tax by Sections 2370la, 23~Olb, 2370ld, 2370le, 23701f, 2370lg and 237011 of the Revenue and Taxation Code and by mobile home park associations and senior citizens organizations: an" provided that the receipts of such games" are used only for charitable purposes. 3 --"" ...... .. . . ORDINANCE NO. .J.2.LC.S. SECTION 9. Sec. 5-13.02 is hereby repealed in its entirety. SECTION 10. This ordinance shall become effective 30 days after the date of its adoption, and within fifteen (15) days after its adoption, it shall be published once, together with the names of the Council Members voting thereon, in a newspaper of general circulation within the city. On motion of Council Member Dougall , seconded by council Member Smith , and on the following roll call vote, to wit: AYES: Council Members Dougall, Smith, Gallagher and Mayor Millis l NOES: None ABSENT: Council Member Moots the foregoing Ordinance was passed and adopted this 13th day of October , 1992. ~ ATTEST: ~ Q. ~4 J NANCY A. VIS, CITY CLERX APPROVED AS TO FORM: L-- ITY ATTORNEY .. . I, NANCY A. DAVIS, city Clerk of the city of Arroyo Grande, county of San Luis Obispo, State of California, do hereby certify under penalty of perjury that the foregoing ordinance No. 452 C.S. is a true, full and correct copy of said Ordinance passed and adopted at a regular meeting of said Council on the 13th day of October , 1992. . WITNESS my hand and the Seal of the City of Arroyo Grande -affixed this 19th day of Octo.ber , 1992. l - ~ a. Get~-, ~ NANCY A. l.VIS, CITY CLERK ..- 4 ---'''-'-'' --