AgdaPkt 2003-07-28 - Laserfiche WebLink

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(o.4 -)3 Sec. 32.508. Constitutional and Statutory Exemptions. (a) Nothing in this article shall be construed as imposing a tax upon: (1) any person or service when imposition of such tax upon that person or service would be in violation of a federal or state statute, the Constitution of the United States or the Constitution of the State of California; and, (2) the City. (b) Any service user that is exempt from the tax imposed by this article pursuant to subsection (a) shall file an application with the Tax Administrator for an exemption; provided, however, this requirement shall not apply to a service user that is a state or federal agency or subdivision with a commonly recognized name, or is a service user of telephone communication services that has received a federal excise tax exemption certificate for such service. Said application shall be made upon a form approved by the Tax Administrator and shall state those facts, declared under penalty of perjury, which qualify the applicant for an exemption, and shall include the names of all utility service suppliers serving that service user. If deemed exempt by the Tax Administrator, such service user shall give the Tax Administrator timely written notice of any change in utility service suppliers so that the Tax Administrator can properly notify the new utility service supplier of the service user's tax exempt status. A service user that fails to comply with this Section shall not be entitled to a refund of utility users' taxes collected and remitted to the Tax Administrator from such service user as a result of such non - compliance. Upon request of the Tax Administrator, a service supplier or non - utility service supplier, or its billing agent, shall provide a list of the names and addresses of those customers which, according to its billing records, are deemed exempt from the utility users' tax. With respect to a service user of telephone communication services, a service supplier of such telephone communication services doing business in the City shall, upon request of the Tax Administrator, provide a copy of the federal exemption certificate for each exempt customer within the City that is served by such service supplier. (c) The decision of the Tax Administrator may be appealed pursuant to Section 32.520 of this article. Filing an application with the Tax Administrator and appeal to the City Administrator pursuant to Section 32.520 of this article is a prerequisite to a suit thereon. Sec. 32.509. Maximum Utility Users Tax Payable. No service user shall be required to pay the combined amount of the taxes imposed pursuant to this Article in excess of fifty thousand dollars ($50,000.00) per year. Any service user who pays the maximum utility users tax imposed by F:Atty /Ord /Ord.186 060403 13