This subchapter is adopted to achieve the following, among other purposes, and directs that the provisions hereof be interpreted in order to accomplish those purposes:
(A) To impose a retail transactions and use tax in accordance with the provisions of Part 1.6 (commencing with § 7251) of Division 2 and § 7285.9 of Part 1.7 of Division 2 of the Cal. Rev. & Tax. Code, authorizing the city to adopt this subchapter, which shall be operative if a majority of the electors voting on the measure vote to approve the imposition of the tax at an election called for that purpose;
(B) To adopt a retail transactions and use tax ordinance that incorporates provisions identical to those of the Sales and Use Tax Law of the State of California insofar as those provisions are not inconsistent with the requirements and limitations contained in Part 1.6 of Division 2 of the Cal. Rev. & Tax. Code;
(C) To adopt a retail transactions and use tax ordinance that imposes a tax and provides a measure therefor that can be administered and collected by the California Department of Tax and Fee Administration in a manner that adapts itself as fully as practicable to, and requires the least possible deviation from, the existing statutory and administrative procedures followed by the California Department of Tax and Fee Administration in administering and collecting the California State Sales and Use Taxes;
(D) To adopt a retail transactions and use tax ordinance that can be administered in a manner that will be, to the greatest degree possible, consistent with the provisions of Part 1.6 of Division 2 of the Cal. Rev. & Tax. Code, minimize the cost of collecting the transactions and use taxes, and at the same time, minimize the burden of record keeping upon persons subject to taxation under the provisions of this subchapter;
(E) The revenues generated by the transactions and use tax imposed under this subchapter may be used for any lawful governmental purpose of the city, as authorized by ordinance, resolution or action of the City Council or by ordinance adopted by the electorate of the city. The transactions and use tax established under this subchapter does not meet the criteria established by California Constitution Article IIIC, Section 1(d) for special taxes and said tax is instead a general tax within the meaning of California Constitution Article IIIC, Section 1(a) whose revenues may be used for any unrestricted general revenue purpose;
(F) Transactions and use tax revenues collected by the city shall be deposited in the city’s general fund which is subject to the city’s annual financial audit conducted by the city’s third-party auditor.
(Ord. 667, passed 3-3-20)