HomeMy WebLinkAboutNS-1268ORDINANCE NO. NS-1268
AN ORDINANCE OF TIlE CITY COUNCIL OF TIlE CITY
OF SANTA ANA ADDING ARTICLE VI, TO CtlAPTER 35
OF THE SANTA ANA M~ICIPAL CODE TO BE KNOWN AS
THE UTILITY USERS TAX CODE
THE CITY COUNCIL OF TItE CITY OF SANTA ANA DOES ORDAIN
AS FOLLOWS:
SECTION 1: That the Santa Ana Municipal Code
is hereby amended by adding Article VI to Chapter 35
thereof, consisting of Sections 35-151, 35-152, 35-153, 35-
154, 35-155, 35-156, 35-157, 35-158, 35-159, 35-160, 35-161,
35-162, 35-163, 35-164, 35-165, 35-166 to read as follows:
ARTICLE VI. Utility Users Tax Code
Sec. 35-151. Short Title.
This Article shall be known as the "Utility Users
Tax Code." The word "Code," as used in this Article, shall
mean the "Utility Users Tax Code" unless otherwise so indicated.
Sec. 35-152. Purpose.
This Code is required for the purpose of fixing the
rate of taxation for the Utility Users Tax, and for the purpose
of providing a tax levy for the usual and current expenses of
the City of Santa Ana.
Sec. 35-153. Definitions.
The following words and phrases whenever used in this
Code shall be construed as defined in this section.
(a) "Person" shall mean all domestic and foreign
corporations, associations, syndicates, joint-stock companies,
partnerships of every kind, joint ventures, clubs, Massachu-
setts business or common-law trusts, societies, and indivi-
duals.
(b) "City" shall mean the City of Santa Ana.
(c) "Telephone corporation," "electrical corporation,"
and "Gas corporation" shall have the same meanings as defined
in Sections 234, 218, and 241, respectively, of the Public
Utilities Code of the State of California as said sections
existed on January 1, 1975. "Electrical corporation" shall
be construed to include any municipality or franchised agency
engaged in the selling or supplying of electrical power to
a service user.
(d) "Tax Administrator" shall mean the Finance
Director of the City of Santa Ana.
(e) "Service supplier" shall mean a person required
to collect and remit a tax imposed by this Code.
(f) "Service user" shall mean a person required to
pay a tax imposed by this Code.
ORDINANCE NO. NS-1268
PAGE TWO
(g) "Month" shall mean a calendar month.
Sec. 35-154. Constitutional Exemptions.
Nothing in this code shall be construed as imposing a
tax upon any person when imposition of such tax upon that
person would be in violation of the Constitution of the United
States or that of the State of California.
Sec. 35-155. Telephone Users Tax.
(a) There is hereby imposed a tax upon every person,
other than a telephone corporation, in the City of Santa Ana
using intrastate telephone co~u~unication services in the City
of Santa Ana. The tax imposed by this section shall be at the
rate of three percent (3%) of all charges made for such ser-
vices and shall be paid by the person paying for such services.
(b) As used in this section, the term"charges" shall
not include charges for services paid for by inserting coins
in coin-operated telephones except that where such coin-
operated telephone service is furnished for a guaranteed
amount, the amounts paid under such guarantee plus any fixed
monthly or other periodic charge shall be included in the
base for computing the amount of tax due; nor shall the term
"telephone communication services" include land mobile ser-
vices or maritime mobile services as defined in Section 2.1
of Title 47 of the Code of Federal Regulations.
(c) The tax imposed in this section shall be collected
from the service user by the person providing the intrastate
telephone communication services. The amount of tax collected
in one month shall be remitted to the Tax Administrator on or
before the 20th day of the following month.
(d) Notwithstanding the provisions of subsection (a),
the tax imposed under this section shall not be imposed upon
any person for using intrastate telephone communications
services to the extent that the amounts paid for such services
are exempt from or not subject to the tax imposed under Sec-
tion 4251 of Title 26 of the United States Code.
Sec. 35-156. Electricity Users Tax.
(a) There is hereby imposed a tax upon every person
in the City of Santa Ana using electrical energy in the City.
The tax imposed by this section shall be at the rate of three
percent (3%) of the charges made for such energy and shall be
paid by the person paying for such energy. "Charges," as
used in this section shall include charges made for (1) metered
energy, and (2) minimum charges for service, including customer
charges, service charges, demand charges, standby charges, and
annual and monthly charges.
(b) As used in this section, the term "using elec-
trical energy" shall not be construed to mean the storage
of such energy by a person in a battery owned or possessed
by him for use in an automobile or other machinery or device
apart from the premises upon which the energy was received,
provided however, that the term shall include the receiving
of such energy for the purpose of using it in the charging
of batteries; nor shall the term include the mere receiving
of such energy by an electric public utility or governmental
agency at a point within the City of Santa Aha for resale;
or the use of such energy in the production or distribution
of water by a public utility or a governmental agency.
ORDINANCE NO. NS-1268
PAGE THREE
(c) The tax imposed in this section shall be collected
from the service user by the person supplying such energy.
The amount of tax collected in one month shall be remitted
to the Tax Administrator on or before the 20th day of the
following month. Remittance of tax may be predicated on a
formula based upon the payment pattern of the supplier's cus-
tomers.
Sec. 35-157. Gas User Tax.
(a) There is hereby imposed a tax upon every person
in the City of Santa Ana, other than a gas corporation or
electrical corporation, using in the City gas which is deli-
vered through mains or pipes. The tax imposed by this section
shall be at the rate of three percent (3%) of the charges made
for such gas and shall be paid by the person paying for such gas.
(b) There shall be excluded from the base on which
the tax imposed in this section is computed (1) charges made
for gas which is to be resold and delivered through mains or
pipes; (2) charges made for gas sold for use in the generation
of electrical energy or for the production or distribution of
water by a public utility or governmental agency; and (3) charges
made by a gas public utility for gas used and consumed in the
conduct of the business of gas public utilities.
(c) The tax imposed in this section shall be collected
from the service user by the person selling the gas. The
amount collected in one month shall be remitted to the Tax
Administrator on or before the 20th day of the following
month.
Sec. 35-158. Penalty.
(a) Taxes collected from a service user which are not
remitted to the Tax Administrator on or before the due dates
provided in this code are delinquent.
Sec. 35-159. Actions to Collect.
Any tax required to be paid by a service user under the
provisions of this code shall be deemed a debt owed by the
service user to the City. Any such tax collected from a ser-
vice user which has not been remitted to the Tax Administrator
shall be deemed a debt owed to the City by the person required
to collect and remit. Any person owing money to the City under
the provisions of this code shall be liable to an action brought
in the name of the City for the recovery of such amount.
Sec.
The
code shall be
35-160. Duty to Collect - Procedures.
duty to collect and remit the taxes imposed by this
performed as follows:
(a) The tax shall be collected insofar as practicable
at the same time as and along with the charges made in accor-
dance with the regular billing practice.
(b) The duty to collect tax from a service user shall
commence with the beginning of the first full regular billing
period applicable to that person which starts on or after the
operative date of this code. Where a person receives more
than one billing, for different periods, the duty to collect
shall arise separately for each billing period.
ORDINANCE NO. NS-1268
PAGE FOUR
Sec. 35-161. Additional Powers and Duties of Tax
Administrator, etc.
(a) The Tax Administrator shall have the power and
duty, and is hereby directed to enforce each and all of the
provisions of this code.
Sec. 35-162. Assessment - Administrative Remedy.
(a) The Tax Administrator may make an assessment for
taxes not paid or remitted by a person required to pay.
(b) Whenever the Tax Administrator determines that a
service user has deliberately withheld the amount of the
tax owed by him from the amounts remitted to a person required
to collect the tax, or that a service user has failed to pay
the amount of the tax to such person for a period of two or
more billing periods, or whenever the Tax Administrator deems
it in the best interest of the City, he shall relieve such person
of the obligation to collect taxes due under this code from
such service users for specified billing periods. The Tax
Administrator shall notify the service user that he has
assumed responsibility to collect the taxes due for the stated
periods and demand payment of such taxes. The notice shall be
served on the service user by handing it to him personally
or by deposit of the notice in the United States mail, postage
prepaid thereon, addressed to the service user at the address
to which billing was made by the person required to collect
the tax; or, should the service user have changed his address,
to his last known address. If a service user fails to remit
the tax to the Tax Administrator within fifteen (15) days from
the date of the service of the notice upon him, which shall
be the date of mailing if service is not accomplished in
person, a penalty of twenty-five percent (25%) of the amount
of the tax set forth in the notice shall be imposed, but not
less than $5.00. The penalty shall become part of the tax
herein required to be paid.
Sec. 35-163. Records.
It shall be the duty of every person required to collect
and remit to the City any tax imposed by this code to keep and
preserve, for a period of three years, all records as may be
necessary to determine the amount of such tax as he may have
been liable for the collection of and remittance to the Tax
Administrator, which records the Tax Administrator shall have
the right to inspect at all reasonable times.
Sec. 35-164. Refunds.
(a) Whenever the amount of any tax has been overpaid
or paid more than once or has been erroneously or illegally
collected or received by the Tax Administrator under this code
it may be refunded as provided in this section. ~o refund will
be considered by the Tax Administrator for a period in excess
of twelve (12) months prior to the date application is received.
(b) A person required to collect and remit taxes im-
posed under this code may claim a refund or take as credit
against taxes collected and remitted the amount overpaid,
paid more than once or erroneously or illegally collected or
received when it is established in a manner prescribed by the
Tax Administrator that the service user from whom the tax has
been collected did not owe the tax; provided, however, that
ORDINANCE NO. NS-1268
PAGE FIVE
neither a refund nor a credit shall be allowed unless the
amount of the tax so collected has either been refunded to
the service user or credited to charges subsequently payable
by the service user to the person required to collect and
remit.
(c) No refund shall be paid under the provisions of
this section unless the claimant establishes his right thereto
by written records showing entitlement thereto.
Sec. 35-165. Low Income Household Exemption.
(a) The utility users tax imposed by this code shall
not apply to any service user who uses telephone, electric or
gas services, in or upon any premises occupied by such service
user, provided the combined gross income of all members of the
household in which such user resided was less than Seven Thou-
sand Five Hundred Dollars ($7,500.00) for the calendar year prior
to the fiscal year (July 1 through June 30) for which the exemption
provided in this section is applied for.
The exemption granted by this section shall not elimi-
nate the duty of the service supplier to collect taxes from such
exempt individual or the duty of such exempt individual to pay
such taxes to the service supplier unless an exemption is
applied for by the service user and granted in accordance with
the provisions of subsection (b) hereof.
(b) Any service user exempt from the taxes imposed by
this code because of the provisions of subsection (a) above,
may file an application with the Tax Administrator at the De-
partment of Finance, City Hall, for an exemption. Such appli-
cation shall be made upon forms supplied by the Tax Adminis-
trator and shall recite facts under oath which qualify the
applicant for an exemption. The Tax Administrator shall review
all such applications and certify as exempt those applicants
determined to qualify therefor and shall notify all service
suppliers affected that such exemption has been approved, stating
the name of the applicant, the address to which such exempt ser-
vice is being supplied, the account number, and such other infor-
mation as may be necessary for the service supplier to remove
the exempt service user from its tax billing procedure. Upon
receipt of such notice, the service supplier shall not be re-
quired to continue to bill any further tax imposed by this code
from such exempt service user until further notice by the Tax
Administrator is given. The service supplier shall eliminate
such exempt service user from its tax billing procedure upon
receipt of such notice from the Tax Administrator, no later than
sixty (60) days after receipt of such notice from the Tax Adminis-
trator.
Ail exemptions shall continue and be renewed automati-
cally by the Tax Administrator so long as the prerequisite facts
supporting the initial qualification for exemption shall continue;
provided, however, that the exemption shall automatically ter-
minate with any change in the service address or residence of
the exempt individual; further provided such individual may
nevertheless apply for a new exemption with each change of
address or residence. Any individual exempt from the tax shall
notify the Tax Administrator within ten (10) days of any change
in fact or circumstance which might disqualify said individual
from receiving such exemption. It shall be a misdemeanor for
any person to knowingly receive the benefits of the exemptions
provided by this section when the basis for such exemption either
does not exist or ceases to exist.
ORDINANCE NO. NS-1268
PAGE SIX
Notwithstanding any of the provisions of this sub-
section, however, any service supplier who determines by any
means that a new or nonexempt service user is receiving service
through a meter or connection exempt by virtue of an exemption
issued to a previous user or exempt user of the same meter or
connection, such service supplier shall immediately notify
the Tax Administrator of such fact and the Tax Administrator
shall conduct an investigation to ascertain whether or not the
provisions of this section have been complied with and where
appropriate, order the service supplier to commence collecting
the tax from the nonexempt service user.
Sec. 35-166. Violation; Misdemeanor.
Any person violating any of the provisions of this
code shall be guilty of a misdemeanor and shall be punishable
thereafter by a fine of not more than Five Hundred Dollars
($500.00) or by imprisonment in the Orange County Jail for a
period of not more than six months or by both such fine and
imprisonment.
SECTION 2: If any section, subsection, subdivision,
paragraph, sentence, clause or phrase of this ordinance or
any part thereof is for any reason held to be unconstitutional,
such decision shall not affect the validity of the remaining
portions of this ordinance or any part thereof. The City
Council hereby declares that it would have passed each section,
subsection, subdivision, paragraph, sentence, clause or phrase
thereof, irrespective of the fact that any one or more sections,
subsections, subdivision, paragraphs, sentences, clauses or
phrases be declared unconstitutional.
SECTION 3: This ordinance, inasmuch as it fixes the
rate of taxation for the Utility Users Tax, and provides for a
tax levy for the usual and current expenses of the City of
Santa Ana, shall take effect upon the date of its publication
except that the tax imposed by this ordinance shall become
operative and be imposed on October 1, 1975, or at the beginning
of the first regular billing period on or after October 1, 1975,
as provided in Section 35-160 hereof, whichever is later, and
shall not apply prior to said date.
SECTION 4: The Clerk of the Council shall certify
to the passage and adoption of this ordinance and shall cause
the same to be published in the official newspaper of the
City of Santa Ana within fifteen (15) days after its adoption.
PASSED AND ADOPTED by the City Council of the City
of Santa Aha at its regular meeting held on the 2nd day of
September, 1975.
ATTEST:
ORDINANCE NO. NS-1268
PAGE SEVEN
STATE OF CALIFORNIA)
COUNTY OF ORANGE )
CITY OF SANTA ANA )
ss.
I, FLORENCE I. MALONE, do hereby certify that I am the
Clerk of the Council of the City of Santa Ana, that the fore-
going ordinance was introduced to said Council at its adjourned
regular meeting held on the 16th day of July, 1975, and was
again considered by said Council at its regular meeting held
on the 2nd day of September, 1975 and was at said meeting
passed and adopted by the following vote, to wit:
AYES: Conncilmen: Ward, Yamamoto, Bricken, Garthe
NOES:
Councilmen: Brandt, Evans, Ortiz
ABSENT: Councilmen: None
APPROVED AS TO FORM:
CITY ATTORNEY