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HomeMy WebLinkAboutMC-793 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 , 1 MC-793 ORDINANCE NO. 2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SAN BERNARDINO MUNICIPAL CODE SECTION 3.44.030 RELATING TO TELEPHONE 3 USERS TAX. 4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: 5 6 SECTION 1. Section 3.44.030 of the San Bernardino Municipal Code is hereby amended to read as follows: 7 "3.44.030 Telephone Users Tax 8 9 A. A tax is imposed upon every person in the City using telephone communication services, including services for intrastate, interstate, or international calls, and using any teletypewriter exchange services in the City. The tax imposed by this section shall be at the rate of eight percent of the charges made for such services and shall be paid by the person paying for such services. Interstate calls shall be deemed to include calls to the District of Columbia. B. As used in this section, 'charges' shall not include charges for services paid for by inserting coins in coin-operated telephone service 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 'telephone communication services' include land mobile services or maritime mobile services as defined in Section 2.1 of Title 47 of the Code of Federal Regulations as such section DAB/ses/Te1e-Tax.ord May 21, 1991 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 / 26 / 27 / 28 / MC-793 existed on October 1, 1967. C. The tax imposed in this section shall be collected from the service user by the person providing the telephone communication services or the teletypewriter exchange services. The amount of tax collected in one month shall be remitted to the Director of Finance on or before the twentieth day of the following month. D. Notwithstanding the provisions of Subsection A of this section, the tax imposed under this section shall not be imposed upon any person for using telephone communications services or teletypewriter exchange services, to the extent that the amounts paid for such services are exempt from or not subject to the tax imposed under Section 4251 of Title 26 of the United States Code, as such section existed on November 1, 1967. E. In order to prevent actual multi-state taxation the person paying the tax imposed in this Section on interstate or international telephone communications services or teletypewriter exchange services, may receive a credit therefore, upon presentation of proof to the Director of Finance that the person has paid a tax in another State on the same telephone call or. service. II / / / / / / / / DAB/ses/Tele-Tax.ord May 21, 1991 2 1--- 10 11 12 13 14 15 16 17 18 19 20 MC-793 1 AN ORDINANCE...RELATING TO TELEPHONE USERS TAX. 2 I HEREBY CERTIFY that the foregoing ordinance was duly 3 adopted by the Mayor and Common Council of the City of San 4 Bernardino at a regular 5 day of June meeting thereof, held on the 17th 6 , 1991, by the following vote, to wit: Council Members: 7 ESTRADA 8 REILLY 9 HERNANDEZ MAUDSLEY MINOR POPE-LUDLAM MILLER AYES NAYS ABSTAIN x x x x x x 0(- ~i~cle'!:f .:-, ~~ The foregoing ordinance is hereby approved this / ?~ day of June , 1991. 21 Approved as to form and legal content: 22 23 24 25 26 27 28 JAMES F. PENMAN, City Attorney ~ DAB/ses/Tele-Tax.ord May 21, 1991 ~ /:]1 ../~ I...(.~ 'tom Minor, Ma br Pro T~m City of San Bernardino 3