HomeMy WebLinkAboutRESO 9547RESOLUTION NO. __ 9_5_47 __
A RESOLUTION OF THE _____ ci...,.ty_o.,..,.fP..,..al,...,o~A_Ito ____ _
Local Jurisdiction
AUTHORIZING ----=-cc,-:-ity.:,-,..M..,..,an,....::ag~er _____ TO EXECUTE
Title of Authorized Position
AGREEMENT WITH THE STATE BOARD OF EQUALIZATION FOR IMPLEMENTATION
OF THE LOCAL PREPAID MOBILE TELEPHONY SERVICES COLLECTION ACT
WHEREAS, on 9/21/15 , the ___ c_ity.,...,o,.fP='al:::;co:c-cAI:-to __ certified that Ordinance No. 5291 applies its
Date Local Jurisdiction
local charge(s) (access to 911 or communication services and/or utility user tax) to prepaid mobile
telephony services; and
WHEREAS, the Local Prepaid Mobile Telephony Services Collection Act, mandates the Board of
Equalization (Board) to administer and collect the local charges for all applicable local jurisdictions
(Rev. & Tax Code section 42103); and
WHEREAS, the Board will perform all functions incident to administration and collection of the local
charges for the __ --,c_ity77o..,..fP,--al~o-A_Ito __ ; and
Loco I Jurisdiction
WHEREAS, the Board requires that the ----,C-,-ity,.,.o..,..fP-;c-:ai~o-AI_to __ enter into an "Agreement for State
Local Jurisdiction
Collection and Administration of Local Charges" prior to implementation of the Local Prepaid Mobile
Telephony Services Collection Act, and
Whereas, the Board requires that the ___ c.,...,ity,.,.o=f P=ai7"o _AI_to __ authorize the agreement;
Local Jurisdiction
NOW, THEREFORE BE IT RESOLVED by the City of Palo Alto that the attached "Agreement
Local Jurisdiction
for State Collection and Administration of Local Charges" is hereby approved and the
------,""'C'"""ity"-:-:;--M=an:T.ag,er,.,.-----is hereby authorized to execute the agreement.
Title of Authorized Position
* * * * * * *
The foregoing resolution was introduced and adopted at a regular meeting of the __ c_ir--,y,--of-:-P,-a,...,lo...,.A_Iro __
Local Jurisdiction
held on 9/21115 , by the following vote:
Date
A YES: BERMAN, BURT, DUBOIS, FILSETH, HOLMAN, KNISS, SCHARFF, SCHMID, WOLBACH
NOES: ________________________________ _
ABSENT: ____________________________ ___
DATED: September 21 , 20 15 -----------------------------------
ATTEST: (s) ,-~GOt=-~
O>rinted Name & Title)
The foregoing resolution was introduced and adopted at a regular meeting of the City ofPalo Alto
Local Jurisdiction
held on 9/21115 , by the following vote:
Date
A YES: BERMAN, BURT, DUBOIS, FILSETH, HOLMAN, KNISS, SCHARFF, SCHMID,
WOLBACH
NOES:
ABSENT:
DATED: September, 21 ,2015
ATTEST: (~~L#:f> M~~~,
(Printed Name & Title) (Printed Name & Title)
INTRODUCED AND PASSED: September 21, 2015
AYES: BERMAN, BURT, DUBOIS, FILSETH, HOLMAN, KNISS, SCHARFF, SCHMID,
WOLBACH
NOES:
ABSENT:
ABSTENTIONS:
ATIEST: ~~ APPROVED:
City Clerk Mayor
City Manager
. Chapter 2.35 UTILITY USERS TAX Page 1 of9
Print
Palo Alto Municipal Code
Chapter 2.35
UTILITY USERS TAX
Sections:
2.35.010 Short title.
2.35.020 Tax imposed.
2.35.030 Disposition of tax revenue. ' 2.35.040 Definitions. I
2.35.050 Constitutional exemption.
2.35 .060 Electricity users tax.
2.35 .070 Gas users tax.
2.35.080 Water users tax.
2.35.090 Telecommunication users tax.
2.35.100 Tax rate for high volume service users.
2.35.110 Council authorization to suspend collection of a portion of tax for
limited periods of time.
2.35.120 Collection of tax.
2.35.130 Reporting and remitting.
2.3 5.140 Penalty for delinquency.
2.35.150 Records.
2.35.160 Failure to pay tax-Administrative remedy.
2.35.170 Actions to collect.
2.35.180 Administrative rules, regulations and agreements.
2.35 .190 Refunds.
2.35.200 Bundling taxable items with nontaxable items.
2.35.010 Short title.
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Chapter 2.35 UTILITY USERS TAX Page 2 of9
This chapter shall be known as the "Utility Users Tax."
(Ord. 5291 § 1 (part), 2014; Ord. 3781 § 1 (part), 1987)
2.35.020 Tax imposed.
There is established and imposed, commencing on the effective date of the ordinance codified
in this chapter, a utility users tax at the rate set forth in this chapter.
(Ord. 5291 § 1 (part), 2014; Ord. 3781 § 1 (part), 1987)
2.35.030 Disposition of tax revenue.
The tax imposed by this chapter is for the purpose of raising revenues for the general
governmental purposes of the city. All of the proceeds from the tax imposed by this chapter shall
be placed in the city's general fund.
(Ord. 5291 § 1 (part), 2014; Ord. 3781 § 1 (part), 1987)
2.35.040 Definitions.
(a) Except where context otherwise requires, the definitions given in this section govern the
construction of this chapter:
(1) "City" means the city of Palo Alto.
(2) "Month" means a calendar month.
(3) "Person" means any natural person, firm, association, joint venture, joint stock company,
partnership of any kind, club, Massachusetts business or common law trust or society,
organization, corporation (foreign and domestic), business trust of any kind, or the manager,
lessee, agent, servant, officer or employee of any of them.
(4) "Service supplier" means a person required to collect and remit a tax imposed by this
chapter and includes the city's utilities department with respect to a tax imposed on the use of
gas, electricity and water.
(5) "Service user" means a person required to pay a tax imposed by this chapter.
(6) "Utility tax year" means the period beginning on the effective date of the ordinance
codified in this chapter and ending June 30, 1988, for the initial utility tax year. Thereafter, the
utility tax year shall be the twelve-month period beginning July 1st and ending June 30th of the
next succeeding calendar year.
(Ord. 5291 § 1 (part), 2014; Ord. 3781 § 1 (part), 1987)
2.35.050 Constitutional exemption.
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Chapter 2.35 UTILITY USERS TAX Page 3 of9
Nothing in this chapter shall be construed as imposing a tax upon the city of Palo Alto or any
other person if 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 or any other statute or regulation that applies
to charter cities. The city may adopt an administrative policy to implement this provision.
(Ord. 5291 § 1 (part), 2014; Ord. 3781 § 1 (part), 1987)
2.35.060 Electricity users tax.
(a) There is imposed a tax upon every person in the city using electricity in the city. The tax
imposed by this section shall be at the rate of five percent of the charges to a service user made
for such electricity by a service supplier, except as provided in Section 2.35.100. Said tax shall
be paid by the person paying for such electricity.
(b) "Charges," as used in this section, shall include charges made for metered energy and
charges for service, including customer charges, service charges, standby charges, charges for
temporary services, demand charges, and annual and monthly charges.
(c) As used in this section, the term "using electricity" shall not be construed to mean the
storage of such electricity 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 electricity was
received; provided, however, that the term shall include the receiving of such electricity for the
purpose of using it in the charging of batteries; nor shall the term include the mere transmission
or receiving of such electricity by a governmental agency at a point within the city for resale.
(Ord. 5291 § 1 (part), 2014; Ord. 3781 § 1 (part), 1987)
2.35.070 Gas users tax.
(a) There is imposed a tax upon every person in the city using gas in the city which is
delivered through mains or pipes. The tax imposed by this section shall be at the rate of five
percent of the charges to a service user made for such gas by a service supplier, except as
provided in Section 2.35.1 00. Said tax shall be paid by the person paying for such gas.
(b) "Charges," as used in this section, shall include charges made for metered gas and charges
for service, including customer charges, service charges, demand charges, standby charges,
charges for temporary service, and annual and monthly charges.
(c) There shall be excluded from the base on which the tax imposed in this section is
computed charges made for gas which is to be resold and delivered through mains or pipes and
charges made for gas to be used in the generation of electrical energy by a governmental agency.
(Ord. 5291 § 1 (part), 2014; Ord. 3781 § 1 (part), 1987)
2.35.080 Water users tax.
(a) There is imposed a tax upon every person in the city using water which is delivered
through mains or pipes in the city. The tax imposed by this section shall be at the rate of five
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Chapter 2.35 UTILITY USERS TAX Page 4 of 9
percent of the charges to a service user made for such water by a service supplier, except as
provided in Section 2.35.1 00. Said tax shall be paid by the person paying for such water.
(b) "Charges," as used in this section, shall include charges for metered water and charges for
service, including customer charges, service charges, standby charges, charges for temporary
service, and annual and monthly charges.
(c) There shall be excluded from the base on which the tax imposed in this section is
computed charges made for water which is to be resold and delivered through mains or pipes and
charges made for water used in the generation of electrical energy by a governmental agency.
(Ord. 5291 § 1 (part), 2014; Ord. 3781 § 1 (part), 1987)
2.35.090 Telecommunications users tax.
(a) There is imposed a tax upon every person in the city, using telephone communication
services in the city. The tax imposed by this section shall be at the rate of 4.75 percent of the
charges made to a service user for such services by a service supplier 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 a coin-operated telephone except that where such coin-operated services are
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.
(c) The tax imposed by this section is intended to, and does, apply to all charges billed to a
telephone account having a situs in the city, irrespective of whether a particular communication
service originates and/or terminates within the city. The situs shall be the service address, if
known; otherwise the billing address.
(d) The term "telephone communication services" means the transmission, conveyance, or
routing of voice, data, audio, video, or any other information or signals to a point, or between or
among points, whatever the technology used, including, but not limited to, traditional telephone
service, mobile telecommunications service, and broadband service (e.g. digital subscriber line
(DSL), fiber optic, coaxial cable, and wireless broadband, including Wi-Fi, WiMAX, and
Wireless MESH) to the extent not prohibited by federal and/or state law, now or in the future.
"Telephone communication services" includes transmission, conveyance, or routing in which
computer processing applications are used to act on the form, code or protocol of the content for
purposes of transmission, conveyance or routing without regard to whether such service is
refereed to as voice over internet protocol (VoiP) services or is classified by the Federal
Communications Commission as enhanced or value added, and includes video and/or data
service that is functionally integrated with "telephone communication services."
(e) The tax imposed by this section applies to all telephone communication service however
charged or billed, including, but not limited to prepaid services, post-paid services, 800 services
{or any other toll-free numbers), or 900 services.
(f) The tax imposed by this section applies to ancillary telephone communication services,
which are those services that enable or enhance access to telephone communication services.
Ancillary telephone communication services include, but are not limited to, charges for
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Chapter2.35 UTILITY USERS TAX Page 5 of9
connection, reconnection, termination, movement, or change of telephone communication
services; detailed billing; central office and custom calling features (including but not limited to
call waiting, call forwarding, caller identification and three-way calling); voice mail and other
messaging services; directory assistance; access and line charges; local number portability
charges; text and instant messaging; and conference calls.
(g) "Mobile telecommunication service" means commercial mobile radio service, as defined
in Section 20.3 of Title 47 ofthe Code of Federal Regulations and as set forth in the Mobile
Telecommunications Sourcing Act (4 U.S.C. Section 124) and the regulations thereunder.
(h) "Place of primary use" means the street address representative of where the customer's
use of the telephone communications service primarily occurs, which must be the residential
street address or the primary business street address of the customer.
(i) "Service address" means either ( 1) the location of the service user's telephone
communication equipment from which the communication originates or terminates, regardless of
where the communication is billed or paid; or (2) if the location of the equipment is unknown
(e.g. mobile telecommunication service or VoiP service), the service address means the location
of the service user's place of primary use; or (3) for prepaid telephone communication service
"service address" means the point of sale of the services where the point of sale is within the
city, or if unknown, the known address of the service user (e.g. billing address or location
associated with the service number), which locations shall be presumed to be the place of
pnmary use.
(j) There is a rebuttable presumption that a telephone communication service, which is billed
to a billing or service address in the city, is used, in whole or in part, within the city's
boundaries, and such service is subject to taxation under this section. There is also a rebuttable
presumption that a prepaid telephone communication service sold within the city is primarily
used, in whole or in part, within the city and is therefore subject to taxation under this section. If
the billing address of the service user is different from the service address, the service address of
the service user shall be used for purposes of imposing the tax. As used in this section, the term
"charges" shall include the value of any other services, credits, property of every kind of nature,
or other consideration provided by the service user in exchange for the telephone communication
service.
(Ord. 5291 § 1 (part), 2014; Ord. 3781 § 1 (part), 1987)
2.35.100 Tax rate for high volume service users.
(a) The tax rate imposed on electricity, gas and water users in Sections 2.35.060, 2.35.070 and
2.35.080 respectively shall be three percent on all utility charges to a service user exceeding the
cumulative amount of $800,000.00 for water, gas and electricity or any combination thereof
during any utility tax year and shall be two percent of the amount of utility charges exceeding the
cumulative amount of $2,400,000.00 for water, gas or electricity or any combination thereof
during any utility tax year.
(b) Commencing on July 1, 1988, and every July 1st thereafter, the director of finance shall
annually adjust the three percent and two percent tax rate thresholds specified in subsection (a)
of this section by the annual change in the Consumer Price Index, All Urban Consumers, for the
San Francisco-Oakland-San Jose Metropolitan Area published by the Bureau of Labor Statistics
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Chapter 2.35 UTILITY USERS TAX Page 6 of9 .
or any replacement index published by said Bureau ("Index") for the preceding year as illustrated
by the following formula:
NT= T (A) I (B)
NT =New threshold for the upcoming utility tax year
T = Current threshold
A = The Index for April preceding the upcoming utility tax year
B = The Index for the previous April.
For example, on July 1, 1988, the thresholds shall be adjusted by multiplying them by the
April, 1988, Index divided by the April, 1987, Index.
(c) Where any person can establish to the satisfaction of the director of finance that be is a
person responsible for the payment of one or more taxes under this chapter, he may aggregate
charges for gas, electricity or water or any combination thereof for purposes of determining the
application of the reduced rate pursuant to this section. The city manager shall develop and
publish written regulations for determining which person(s) is a service user for the purposes of
implementing the lower rates authorized by this section. Such regulations may be amended from
time to time.
(Ord. 3 781 § 1 (part), 1987)
2.35.110 Council authorization to suspend collection of a portion of tax for limited periods
of time.
The city council may from time to time determine to collect less than the five percent tax
imposed by Sections 2.35.060, 2.35.070, 2.35.080 and 2.35.090 from all service users and may
suspend a portion of the maximum rates by passage of an ordinance stating:
(a) The council's intention to suspend collection of a portion of said tax;
(b) The duration of the suspension, which in no event shall exceed one year;
(c) The exact portion of the tax, collection of which is being suspended.
This rate suspension shall apply to all service users across the board and shall be in effect for
one year from the effective date of said ordinance.
(Ord. 5291 § 1 (part), 2014; Ord. 3781 § 1 (part), 1987)
2.35.120 Collection of tax.
(a) Every service supplier shall collect the amount of tax imposed by this chapter from the
serv1ce user.
(b) The· tax shall be collected insofar as practicable at the same time as, and along with, the
collection of charges made in accordance with the regular billing practice of the service supplier.
Except in those cases where a service user pays the full amount of said charges but does not pay
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. Ghapter 2.35 UTILITY USERS TAX Page 7 of9
any portion of a tax imposed by this chapter, or where a service user has notified a service
supplier that he is refusing to pay a tax imposed by this chapter which said service supplier is
required to collect, if the amount paid by a service user is less than the full amount of the charge
and tax which has accrued for the billing period, a proportionate share of both the charge and tax
shall be deemed to have been paid.
(c) The duty to collect the tax from a service user shall commence thirty days after the
effective date of the ordinance codified in this chapter. If a person receives more than one billing,
one or more being for a different period than another, the duty to collect shall arise separately for
each billing period.
(Ord. 5291 § 1 (part), 2014; Ord. 3781 § 1 (part), 1987)
2.35.130 Reporting and remitting.
Each service supplier, shall, on or before the last day of each month, make a return to the
director of finance, on forms provided by him, stating the amount of taxes billed by the service
supplier during the preceding month. At the time the return is filed, the full amount of the tax
collected shall be remitted to the director of finance. The director of finance may require further
information in the return. Returns and remittances are due immediately upon cessation of
business for any reason.
(Ord. 5291 § 1 (part), 2014; Ord. 3781 § 1 (part), 1987)
2.35.140 Penalty for delinquency.
(a) Taxes collected from a service user which are not remitted to the tax administrator on or
before the due dates provided in this chapter are delinquent.
(b) Penalties for delinquency in remittance of any tax collected or any deficiency in
remittance, shall attach and be paid by the person required to collect and remit at the rate of ten
percent of the total tax collected or imposed herein.
(c) The director of finance shall have power to impose additional penalties upon persons
required to collect and remit taxes under the provisions of this chapter for fraud or negligence in
reporting or remitting at the rate of ten percent of the amount of the tax collected or as
recomputed by the director of finance.
(d) Every penalty imposed under the provisions of this section shall become a part of the tax
required to be remitted.
(Ord. 5291 § 1 (part), 2014; Ord. 3781 § 1 (part), 1987)
2.35.150 Records.
It shall be the duty of every service supplier required to collect and remit to the city any tax
imposed by this chapter to keep and preserve, for a period of three years, all records as may be
necessary to determine the amount of such tax as such service supplier may have been required
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Chapter 2.35 UTILITY USERS TAX Page 8 of 9
to collect and remit to the city, which records the director of finance shall have the right to
inspect at all reasonable times.
(Ord. 5291 § 1 (part), 2014; Ord. 3781 § 1 (part), 1987)
2.35.160 Failure to pay tax-Administrative remedy.
Whenever the director of finance determines that a service user has deliberately withheld the
amount of the tax owed by him from the amounts remitted to a service supplier, or that a service
user has failed to pay the amount of the tax for a period or four or more billing periods, or
whenever the director of finance deems it in the best interest of the city, he shall relieve the
service supplier of the obligation to collect taxes due under this chapter from certain named
service users for specified billing periods. The director of finance 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 service supplier, 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 director of finance within fifteen 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 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.
(Ord. 5291 § 1 (part), 2014; Ord. 3781 § 1 (part), 1987)
2.35.170 Actions to collect.
Any tax required to be paid by a service user under the provisions of this chapter shall be a
debt owed by the service user to the city. Any such tax collected from a service user which has
not been remitted to the director of finance 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
chapter shall be liable to an action brought in the name of the city for the recovery of such
amount including applicable penalties and attorneys' fees.
(Ord. 5291 § 1 (part), 2014; Ord. 3781 § 1 (part), 1987)
2.35.180 Administrative rules, regulations and agreements.
The city manager has the authority to adopt rules and regulations not inconsistent with the
provisions of this chapter for the purpose of carrying out and enforcing the payment, collection
and remittance of any tax herein imposed, and the city manager may also make administrative
agreements to vary the strict requirements of this chapter so that the collection of any tax
imposed herein may be made in conformance with the billing procedures of a particular service
supplier so long as the overall results of such agreements result in collection of the tax in
conformance with the general purpose and scope of this chapter. A copy of such rules and
regulations and a copy of any such agreement shall be on file and available for public
examination in the office of the city clerk. Failure or refusal to comply with any such rules,
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. Chapter 2.35 UTILITY USERS TAX Page 9 of 9
regulations or agreements promulgated under this section shall be deemed a violation of this
chapter.
(Ord. 5291 § 1 (part), 2014; Ord. 3781 § 1 (part), 1987)
2.35.190 Refunds.
(a) Claim Required. Prior to seeking judicial relief with respect to a dispute regarding
whether the amount of any tax has been overpaid, paid more than once or erroneously or illegally
collected or received by the city under this chapter, an aggrieved taxpayer, fee payer, service
supplier, service user or any other person must comply with the provisions of section 2.28.230 of
this code.
(b) Service Suppliers. A service supplier 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 director of finance that
the service user from whom the tax has been collected did not owe the tax; provided, however,
that 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 service supplier.
(Ord. 5291 § 1 (part), 2014; Ord. 5078 § 5, 2010: Ord. 3781 § 1 (part), 1987)
2.35.200 Bundling taxable items with nontaxable items.
If any nontaxable charges are combined with and not separately stated from taxable service
charges on the customer's bill or invoice of a service supplier, the combined charges are subject
to tax unless the service supplier identifies, by reasonable and verifiable standards, the portions
of the combined charges that are nontaxable and taxable through the service supplier's books and
records kept in the regular course of business, and in accordance with generally accepted
accounting principles, and not created and maintained for tax purposes. If the service supplier
offers a combination of taxable and non-taxable services, and the charges are separately stated,
then for taxation purposes, the values assigned the taxable and non-taxable services shall be
based on its books and records kept in the regular course of business and in accordance with
generally accepted accounting principles, and not created and maintained for tax purposes. The
service supplier has the burden of proving the proper valuation and apportionment of taxable and
not-taxable charges.
(Ord. 5291 § 1 (part), 2014)
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T IS CERTIFIED TO BE
THE FOREGOING DOCOUF~ ORIGINAL ON FILE A CORRECT COPY
UNDER PENALTY OF
"I CEI\TIFY ~~~~~e,;:e~~REGOING IS TRUE
PERJURY AND CORRECT"
CITY CLERK'S OFFICE ~ CITYOFPAL~
q/22/2.6/5 SIGNATURE
DATE
9/22/2015
CERTIFICATION
I, __ J_a_m_es_K_e_e_ne __ am authorized to sign this certification on behalf of _-c-C-'ity:..._o_f,--P---,-a-:-lo,_,A,--,-lt--,-o __
(Insert nnmc of local jurisdiction)
I cetiify to the following:
Please check all the following that apply to your jurisdiction:
1. _ 911 Charges/ Access to Communication Services -Ordinance No. of the
---:c---,.---,-:-:-::-...,.-,--imposes the local charge set forth in the ordinance to prepaid mobile
(lns...--rt name of lOCi! I jW'isdiction)
telephony services for access to communication services or to local 911 emergency
telephone systems. As required by section 42102.5, the percentage reflecting the rate for
access to the local 911 emergency telephone systems or access to communications
services is ----
2. 2_ Utility User Tax-Ordinance No. 5291 of the City of Palo Alto imposes the local
(lns...'Ttnnrncoflocaljurisdiction)
charge set fmih in the ordinance to the consumption of prepaid mobile telephony
services. The tiered rate for the utility user tax, as identified in section 42102 is
4.5 percent
3. The City of Palo Alto agrees to indemnify and to hold harmless the Board of
(Insert nnmc of local jurisdiction)
Equalization . (Board), its officers, agents, and employees for any and all liability for
damages that may result from the Board's collection pursuant to this agreement.
Executed in the City of Palo Alto on ----~(-:-lns-ooo-nan~lco~rl-~u~lju~ri~~ict-:-ion-:-)----------~(~Ad~dd=nt~~---
10/5/15
THE FOREGOlNG DOCUMENT IS CERTIFIED TO BE
;,. CORRECT CQPY OF THE ORIGINAL ON FILE
"I CERTIFY OR DECLARE UNDER PENALTY OF
PERJURY n • . -HE FOREGOING IS TRUE
"NO CORRECT"
CITY CLERK'S OFFICE /V, U.::::=LJ..
CITY OF PAL~~
tQLslwt5 siGNATURE DATE
Printed name James Keene ------------------
Title of person _______ C_i"""ty_M_a_n_,ag""'e_r _____ _
Local Jurisdiction City of Palo Alto
AGREEMENT FOR STATE COLLECTION AND ADMINISTRATION OF
LOCAL CHARGES
This Agreement is for the purpose of implementing the Local Prepaid Mobile Telephony
Services Collection Act (Part 21.1 , commencing with Section 421 00) of Division 2 of the
Revenue and Taxation Code), hereinafter referred to as the Local Charge Act. The
City of Palo Alto and the State Board of Equalization, hereinafter called
lnscrl name o! local JUnSdtc\Lon
the Board, do agree as follows:
ARTICLE I
DEFINITIONS
Unless the context requires otherwise, wherever the following terms appear m this
Agreement they shall be interpreted to mean the following:
A. "Administrative Expenses" means all expenses incurred by the Board in the
administration and collection of the local charges, including preparation and wind down
costs which are reimbursable to the Board from the revenues collected by the Board on
behalf of the local jurisdiction.
B. "Contingent Fee" includes, but is not limited to, a fee that is based on a
percentage of the tax liability reported on a return, a fee that is based on a percentage of
the taxes owed, or a fee that depends on the specific tax result attained.
C. "Direct Seller" means a prepaid Mobile Telephony Service (MTS) provider or
service supplier, as defined in section 41007, that makes a sale of prepaid mobile
telephony services directly to a prepaid consumer for any purpose other than resale in the
regular course of business. A direct seller includes, but is not limited to, a telephone
corporation, a person that provides an interconnected Voice over Internet Protocol (VoiP)
service, and a retailer as described in section 42004(b )(1 ).
D. "Local Charges" means a utility user tax imposed on the consumption of
prepaid mobile telephony services, as described in section 421 02, and charges for access
to communication services or to local "911" emergency telephone systems imposed by a
local jurisdiction, as described in section 42102.5.
E. "Local Jurisdiction" or "local agency" means a city, county, or city and
county, which includes a charter city, county, or city and county of this State, which has
adopted an ordinance imposing a local charge of the kind described in Part 21.1 of
Division 2 of the Revenue and Taxation Code and has entered into a contract with the
Board to perform all functions incident to the collection of the local charges.
F. "Ordinance" means an ordinance of a local jurisdiction imposing a local
charge, including any local enactment relating to the filing of a refund or a claim arising
under the ordinance, attached hereto, as amended from time to time.
G. "Quarterly local charges" means the total amount of local charges
transmitted by the Board to a local jurisdiction for a calendar quarter, as set forth m
section 421 06(a)(l ).
H. "Refund" means the amount of local charges deducted by the Board from a
local jurisdiction's quarterly local charges in order to pay that jurisdiction's share of a
local charge refund due to one taxpayer.
I. "Section"-all section references are to the Revenue and Taxation Code.
J. "Seller" means a person that sells prepaid mobile telephony service to a
person in a retail transaction.
ARTICLE II
BOARD ADMINISTRATION AND COLLECTION OF LOCAL CHARGES
A. Administration. The Board and the local jurisdiction agree that the Board
shall perform functions incident to the collection of the local charges from sellers that are
not direct sellers.
B. Collection. The Board shall collect the local charges in the same manner as it
collects the prepaid MTS Surcharge in the Prepaid Mobile Telephony Services Surcharge
Collection Act, subject to specified limitations in the Local Charge Act for which the
local jurisdiction is responsible, as set forth in Article III of this Agreement.
C. Audits. The Board's audit duties shall be limited to verification that the seller
that is not a direct seller complied with the Local Charge Act.
D. Other applicable laws. The Board and the local ~urisdiction agree that all
provisions of law applicable to the administration and operation of the Local Charge Act,
Prepaid Mobile Telephony Services Surcharge Collection Act, and the Fee Collection
Procedures Law (FCPL) shall be applicable to the collection of local charges. References
in the FCPL to feepayer include a person required to pay the local charge, including the
seller. All future amendments to applicable laws are automatically incorporated into this
Agreement.
E. Deposit of Local Charges. All local charges collected by the Board shall be
deposited in the Local Charges for Prepaid Mobile Telephony Services Fund in the State
Treasury to be held in trust for the local taxing jurisdiction. Local charges shall consist
of all taxes, charges, interest, penalties, and other amounts collected and paid to the
Board, less payments for refunds and reimbursement to the Board for expenses incurred
in the administration and collection of the local charges, including preparation and wind-
down costs.
F. Allocation of Expenses. The Board shall allocate the total combined annual
expenses incurred for administration and collection pursuant to the Prepaid Mobile
Telephony Services Surcharge Collection Act and the Local Charge Act on a pro rata
basis according to revenues collected for: (1) the emergency telephone users surcharge
portion of the prepaid MTS surcharge, (2) the Public Utilities Commission surcharges
2
portion of the prepaid MTS surcharge, and (3) lo cal charges. The Board shall charge a
local jurisdiction its pro rata share of the Board's cost of collection and administration.
G. Transmittal of money. All local charges collected by the Board shall be
transmitted to the local jurisdiction once in each calendar quarter. Transmittals may be
made by mail or by deposit to the account of the local jurisdiction in a bank designated
by that jurisdiction. The Board shall furnish a statement quarterly indicating the amounts
paid and withheld for expenses of the Board.
H. Rules. The Board shall prescribe and adopt such rules and regulations as in its
judgment are necessary or desirable for the administration and collection of local charges
and the distribution ofthe local charges collected.
I. Security. The Board agrees that any security which it hereafter requires to be
furnished under the FCPL section 55022 will be upon such terms that it also will be
available for the payment of the claims of the local jurisdiction for local taxes owing to it
as its interest appears. The Board shall not be required to change the terms of any security
now held by it, and the local jurisdiction shall not participate in any security now held by
the Board.
J. Records of the Board.
1. Information obtained by the local jurisdiction from the examination of the
Board's records shall be used by the local jurisdiction only for purposes related to the
collection of the prepaid mobile telephony services surcharge and local charges by the
Board pursuant to this Agreement.
2. When requested by resolution of the legislative body of a local jurisdiction, the
Board shall permit any duly authorized officer or employee or other person designated by
that resolution to examine any information for its own jurisdiction that is reasonably
available to the Board regarding the proper collection and remittance of a local charge of
the local jurisdiction by a seller, including a direct seller, subject to the confidentiality
requirements of sections 7284.6, 7284.7 and 19542. (sections 4211 O(b ), 421 03( e).).
3. The resolution of the local jurisdiction shall certify that any person designated
by the resolution, other than an officer and an employee, meets all of the following
conditions:
a. Has an existing contract with the local jurisdiction that authorizes the person
to examine the prepaid MTS surcharge and local charge records.
b. Is required by that contract with the local jurisdiction to disclose information
contained in or derived from, those records only to an officer or employee of
the local jurisdiction authorized by the resolution to examine the information.
c. Is prohibited by that contract from performing consulting services for a seller
during the term of that contract.
d. Is prohibited by that contract from retaining information contained in, or
derived from, those prepaid MTS surcharge and local charge records, after
that contract has expired.
3
4. Any third party contract between the local jurisdiction and an entity or person
authorized by the local jurisdiction to request information from the Board shall be subject
to the following limitations:
a. Any third party shall, to the same extent as the Board, be subject to Section
55381 , relating to unlawful disclosures.
b. A third party contract shall not provide, in whole or in part, in any manner a
contingent fee arrangement as payment for services rendered.
5. Information obtained by examination of Board records shall be used only for
purposes related to the collection of the prepaid MTS surcharge and local charges by the
board pursuant to the contract, or for purposes related to other governmental functions of
the local jurisdiction set forth in the resolution.
6. If the Board believes that any information obtained from the Board's records
related to the collection of the prepaid MTS surcharge and local charges has been
disclosed to any person not authorized or designated by the resolution of the local
jurisdiction, or has been used for purposes not permitted by section 4211 O(b ), the board
may impose conditions on access to its local charge records that the board considers
reasonable, in order to protect the confidentiality of those records. (section 42110 (c).)
7. The costs incurred by the Board in complying with a request for information
shall be deducted by the Board from those revenues collected by the Board on behalf of
the local jurisdiction making the request, as authorized by section 4211 O(b )(I).
ARTICLE III
LOCAL JURISDICTION
ADMINISTRATION AND RESPONSIBILITIES
A. The local jurisdictions shall be solely responsible for all of the following:
I. Defending any claim regarding the validity of the ordinance in its application
to prepaid mobile telephony service. The claim shall be processed in accordance with the
provisions of the local ordinance that allows the claim to be filed.
2. Interpreting any provision of the ordinance, except to the extent specifically
superseded by section 42105 of the Local Charge Act. The claim shall be processed in
accordance with the provisions of the local enactment that allows the claim to be filed.
3. Responding to specified consumer claims for refund involving: (I) rebutting
the presumed location of the retail transaction; (2) a consumer claim of exemption from
the local charge under the ordinance; or (3) any action or claim challenging the validity
of a local tax ordinance, in whole or part. The claim shall be processed in accordance
with the provisions of the local enactment that allows the claim to be filed.
4. Refunding the taxes in the event a local jurisdiction or local government is
ordered to refund the tax under the local ordinance.
4
5. Reallocating local charges as a result of correcting errors relating to the
location of the point of sale of a seller or the known address of a consumer, for up to two
past quarters from the date of knowledge.
6. Collecting local charges on prepaid mobile telephony service and access to
communication services or access to local 9 I I emergency telephone systems imposed on
direct sellers.
7. Enforcement, including audits, of the collection and remittance of local
charges by direct sellers pursuant to the ordinance.
8. The local jurisdiction shall be the sole necessary party defendant on whose
behalf the local charge is collected in any action seeking to enjoin collection of a local
charge by a seller, in any action seeking declaratory relief concerning a local charge, in
any action seeking a refund of a local charge, or in any action seeking to otherwise
invalidate a local charge. There shall be no recovery from the State for the imposition of
any unconstitutional or otherwise invalid local charge that is collected under the Local
Act.
9. Entering into an agreement with the Board to perform the functions incident to
the collection of the local charges imposed on sellers that are not direct sellers.
I 0. Submitting an executed Certification to the Board, certifying that:
(a) the local jurisdiction's ordinance applies the local charge to prepaid mobile
telephony services;
(b) the amount of the rate charged for access to local 911 emergency telephone
systems or access to communications services complies with the requirements of section
42 I 02.5 ; and/or applies the tiered rate for the utility user tax, as identified in section
42102.
(c) The local jurisdiction shall further certify that it agrees to indemnify and to
hold harmless the Board, its officers, agents, and employees for any and all liability for
damages that may result from the Board's collection pursuant to this Agreement.
11. Submitting signed documents to the Board to include agreement(s),
certification, copy of ordinance(s), and resolution(s).
12. Providing payment to the Board of the local jurisdiction's pro rata share of the
Board's cost of collection and administration as established pursuant to subdivision (e) of
section 42020.
5
ARTICLE IV
LOCAL CHARGES
A. Local Charges -Timeliness -This part shall remain in effect until
proposed California Code of Regulations, title 18, section 2460 is adopted by the
Board and approved by the Office of Administrative Law.
1. Ordinances in effect as of September 1, 2015.
On or after January 1, 2016, a local charge imposed by a local jurisdiction on prepaid
mobile telephony services shall be collected from the prepaid consumer by a seller at the
same time and in the same manner as the prepaid MTS surcharge is collected under Part
21 (commencing with section 42001) provided that, on or before September I, 2015, the
local jurisdiction enters into a contract with the Board pursuant to section 42101.5.
Thereafter, all subsequently enacted local charges, increases to local charges, or other
changes thereto, shall become operative pursuant to paragraphs (2), (3), and ( 4).
2. New charges. When a local jurisdiction adopts a new local charge after
September 1, 2015 , the local jurisdiction shall enter into a contract with the Board,
pursuant to section 42101.5 , on or before December 15\ with collection of the local
charge to commence April 1st of the next calendar year.
3. Increases in local charges. When a local jurisdiction increases an existing
local charge after September 1, 2015, the local jurisdiction shall provide the Board
written notice of the increase, on or before December 15
\ with collection of the local
charge to commence April 1st of the next calendar year.
4. Inaccurate rate posted on the Board's website. When a local jurisdiction
notifies the Board in writing that the rate posted on the Board's Internet Web site (posted
rate) for a local charge imposed by that local jurisdiction is inaccurate, including
scenarios where the local charge was reduced or eliminated, the recalculated rate
applicable to the local jurisdiction shall become operative on the first day of the calendar
quarter commencing more than 60 days from the date the Board receives the local
jurisdiction's written notification that the posted rate is inaccurate.
A. Local Charges -Timeliness -This part shall take effect and supersede
the above "Local Charges -Timeliness section when California Code of
Regulations, title 18, section 2460 is adopted by the Board and approved by the
Office of Administrative Law.
1. Ordinances in effect as of September 1, 2015. On or after January 1, 2016,
a local charge imposed by a local jurisdiction on prepaid mobile telephony services shall
be collected from the prepaid consumer by a seller at the same time and in the same
manner as the prepaid MTS surcharge is collected under Part 21 (commencing with
section 42001) provided that, on or before September 1, 2015, the local jurisdiction enters
into a contract with the Board pursuant to section 42101.5.
In the event a local jurisdiction does not enter into a contract with the Board by
September 1, 2015, the local jurisdiction may enter into a contract with the Board,
pursuant to section 42101.5, on or before December 15\ with collection of the local
charge to commence April 1st of the next calendar year. Thereafter, all subsequently
6
enacted local charges, increases to local charges, or other changes thereto, shall become
operative pursuant to paragraphs (2), (3), (4) and (5) ofthis subdivision.
2. New charges. When a local jurisdiction adopts a new local charge after
September I, 2015 , the local jurisdiction shall enter into a contract with the Board,
pursuant to section 421 0 1.5, on or before December I 5\ with collection of the local
charge to commence April 151 of the next calendar year.
3. Increases in local charges. When a local jurisdiction increases an existing
local charge after September I, 2015 , the local jurisdiction shall provide the Board
written notice of the increase, on or before December I 5\ with collection of the local
charge to commence April I st of the next calendar year.
4. Advance written notification. When a local charge is about to expire or
decrease in rate, the local jurisdiction imposing the local charge shall notify the Board in
writing of the upcoming change, not less than II 0 days prior to the date the local charge
is scheduled to expire or decrease. The change shall become operative on the first day of
the calendar quarter commencing after the specified date of expiration or decrease in rate.
If advance written notice is provided less than II 0 days prior to the specified date
of expiration or decrease in rate, the change shall become operative on the first day of the
calendar quarter commencing more than 60 days after the specified date of expiration or
decrease.
5. Inaccurate Rate Posted on the Board's Web site. When a local jurisdiction
notifies the Board in writing that the rate posted on the Board's Internet Web site (posted
rate) for a local charge imposed by that local jurisdiction is inaccurate, including
scenarios where the local charge was reduced or eliminated and the local jurisdiction
failed to provide advance written notice pursuant to paragraph 4 of this subdivision, the
recalculated rate applicable to the local jurisdiction shall become operative on the first
day of the calendar quarter commencing more than 60 days from the date the Board
receives the local jurisdiction's written notification that the posted rate is inaccurate. The
local jurisdiction shall promptly notify the Board in writing of any such discrepancies
with the posted rate that are known or discovered by the local jurisdiction.
ARTICLE V
COMPENSATION
The local jurisdiction agrees to pay the Board its pro rata share of the Board's cost of
collection and administration of the local charges, as established pursuant to section
42020, subdivision (e). Such amounts shall be deducte.~Jrom· th~ J.92al,Rl;l.~,rges co}l_e~ted
by the Board for the local jurisdiction. ·;.H · : . .,.' .IAi·h:r~;(, 'f ;; '\:. ,, i(' :·; ;.)i~i~~;J'~' ~u;
1; ;• ', ~~ :1:1:)'1~:;;·;;,::.'~ I':/!.::::;'\::;\;. ;;ii; ~-~~:::;·,:, i •
ARTICLE VI ~ '!lj·.Jo·) r:v:.1• .. '
MISCELLANEOUS PROVISIONS nr ;·;q ,,; , •. n } ,. ~,:1 _0,. ,;{.. {) 1/\'-1 ::'; ',-~ ~~~
' A. Communications. Communications and-n¥~i~Y,~;'jpay be sent by fir_s!~fla~s .
United States Mail. A notification is complete when deposited in the ma1h
Communications and notices to be sent to the Board shall be addressed to:
7
State Board of Equalization
P.O. Box 942879 MIC: 27
Sacramento, California 94279-0001
Attention: Supervisor,
Local Revenue Allocation Unit
Communications and notices to be sent to the local jurisdiction shall be addressed to:
City of Palo Alto
Laic Perez
Chief Financial Officer and Director of
Administrative Services Department
250 Hamilton Ave., 41h Floor
Palo Alto, CA 94301
B. Term. The date of this Agreement is the date on which it is approved by the
Department of General Services. The Agreement shall take effect on the first day of the
calendar _quarter next succeeding the date of such approval, but in no case before the
operative date of the local jurisdiction's ordinance, nor on a day other than the first day of
a calendar quarter. This Agreement shall be renewed automatically from year to year
until January 1, 2020, when the Local Charge Act is repealed, unless a statute enacted
prior to that date extends that date. In such event, this Agreement will continue to renew
automatically from year to year to the date authorized by statute.
STATE BOARD OF EQUALIZATION This document memorializes the contractual
agreement that was reached, for the
purposes of Revenue and Taxation Code
section 42101.5, on or before September I,
2015, to authorize collection ofthe prepaid
MTS surcharge. 1-S~r~J_(
Return Analysis and Allocation Section
NT IS CERnFlEO TO BE
TI'(E FOREGOING DYOCOUFMTHE E ORIGINAL ON FILE A CORRECT COP
E UNDER PENALiY OF
"1 .;:~~~ ~~A~~c:e~OREGOING 15 TRUE
AND CORRECT"
Cl'fVCl.ERK'S~ CITY OF PALO ALT.
fjh:z/tPf5:"' SIGNATUR .
DATE
LOCAL
JURI SO I CTI ON __ C_i.-:.ty_o_f P_a_lo_A_lt_o_
James Keene
(Type name here)
City Manager
(Type title here)
8
Ordinance No . 5291
Ordinance of the Council of the City of Palo Alto Amending Chapter 2.35
of Title 2 of the Palo Alto Municipal Co de Relating to the Utility Users Ta x
The People of the City of Palo Alto do ordain as follows:
SECTION 1. Chapt er 2.35 of the Pal o Alto Municipal Code is hereby amended by
amending Chapter 2.35 as follows:
2.35.010 Short title.
2.35.020 Tax imposed.
Chapter 2.35
UTILITY USIERS TAX
2.35.030 Disposition of tax revenue.
2.35.040 Definitions.
2.35.050 Constitutional exemption .
2.35.060 Electricity users tax.
2.35.070 Gas users tax.
2.35.080 Water users tax.
2.35.090 Telecommunications users tax.
2.35.100 Tax rate for high volume service users.
2.35.110 Council authorization to suspend collection of a portion of tax for limited
periods oftime.
2.35.120 Collection of tax .
2.35.130 · Reporting and remitting.
2.35.140 Penalty for delinquency.
2.35.150 Records.
2.35.160 Failure to pay tax-Administrative remedy.
2.35.170 Actions to collect.
2.35.180 Administrative rules, regulations and agreements.
2.35.190 Refunds.
2.35.200 Bundling Taxable Items with Nontaxable Items.
2.35.010 Short title.
This chapter shall be known as the "Utility Users Tax."
(Ord. 3781 § 1 (part), 1987)
2.35.020 Tax imposed.
There is established and imposed, commencing on the effective date of the ordinance
codified in this chapter, a utility users tax at the rate set forth in this chapter.
(Ord. 3781 § 1 (part), 1987)
2.35.030 Disposition of tax revenue.
140510 jb 0131177 Rev. May 10, 2014
The tax imposed by this chapter is for the purpose of raising revenues for the general
governmental purposes of the city. All of the proceeds from the t ax imposed by this chapter
shall be placed in the city's general fund.
(Ord. 3781 § 1 (part), 1987}
2.35.040 Definitions.
(a) Except where context otherwise requires, the definitions given in this sect ion govern the
construction of this chapter:
(1) "City" means the city of Palo Alto.
(2) "Month" means a calendar month.
(3). "Person" means any natural person, firm, association, joint venture, joint stock company,
partnership of any kind, club, Massachusetts business or common law trust or society,
organization, corporation (foreign and domestic), business trust of any kind, or the manager,
lessee, agent, servant, officer or employee of any of them.
(4) "Service supplier" means a person required to collect and remit a tax imposed by this
chapter and includes the city's utilities department with respect to a tax imposed on the use of
gas, electricity and water.
(5) "Service t,Jser" means a person required to pay a tax imposed by this chapter.
(6) "Utility tax year" means the period beginning on the effective date of the ordinance
codified in this chapter and ending J1,.1ne 30, 1988, for the initial utility tax year. Thereafter, the
utility tax year shall be the twelve-month period beginning July 1st and ending June 30th of the
next succeeding calendar year.
(Ord. 3781 § 1 (part), 1987)
2.35.050 Constitutional exemption.
Nothing in this chapter shall be construed as imposing a tax upon the city of Palo Alto or any
other person if 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 or any other statute or
regulation that applies to charter cities. The City may adopt an administrative policy to
implement this provision.
(Ord. 3781 § 1 (part), 1987) ,.
2.35.060 Electricity users tax.
(a) There is imposed a tax upon every person in the city using electricity in the city. The tax
imposed by this section shall be at the rate of five percent of the charges to a service user made
for such electricity by a service supplier, except as provided in Section 2.35.100. Said tax shall
be paid by the person paying for such electricity.
(b) "Charges," as used in this section, shall include charges made for metered energy and .
charges for service, including customer charges, service charges, standby charges, charges for
temporary services, demand charges, and annual and monthly ch arges.
140510 jb 0131177 Rev. May 10, 2014
(c) As used in this section, the term "using electricity" shall not be construed to mean the
storage of such electricity 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 electricity
was received; provided, however, that the term shall include the receiving of such electricity for
the purpose of using it in the charging of batteries; nor shall the term include the mere
transmission or receiving of such electricity by a governmental agency at a point within the city
for resale.
(Ord. 3781 § 1 (part), 1987)
2.35.070 Gas users tax.
(a) There is imposed a tax upon every person in the city using gas in the city which is
delivered through mains or pipes. The tax imposed by this section shall be at the rate of five
percent of the charges to a service user made for such gas by a service supplier, except as
provided in Section 2.35.100. Said tax shall be paid by the person paying for such gas.
(b) "Charges," as used in this section, shall include charges made for metered gas and
charges for service, including customer charges, service charges, demand charges, standby
charges, charges for temporary service, and annual and monthly charges.
(c) There shall be excluded from the base on which the tax imposed in this section is
computed charges made for gas which is to be resold and delivered through mains or pipes and
charges made for gas to be used in the generation of electrical energy by a governmental
agency .
. (Ord. 3781 § 1 (part), 1987)
2.35.080 Water users tax.
(a) There is imposed a tax upon every person in the city using water which is delivered
through mains or pipes in the city. The tax imposed by this section shall be at the rate of five
percent of the charges to a service user made for such water by a service supplier, except as
provided in Section 2.35.100. Said tax shall be paid by the person paying for such water.
(b) "Charges," as used in this section, shall include charges for metered water and charges
for service, including customer charges, service charges, standby charges, charges for
temporary service, and annual and monthly charges.
(c) There shall be excluded from the base on which the tax imposed in this section is
computed charges made for water which is to be resold and delivered through mains or pipes
and charges made for water used in the generation of electrical energy by a governmental .
agency.
(Ord. 3781 § 1 (part), 1987)
2.35.090 Telecommunications users tax.
(a) There is imposed a tax upon every person in the city, using telephone communication
services in the city. The tax imposed by this section shall be at the rate of 4.75 percent of
140510 jb 0131177 Rev. May 10, 2014
,. . ,. ~, ~ . . "
the charges made to a service user for such services by a service supplier 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 a coin-operated telephone except that where such coin-operated services
are 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.
(c) The tax imposed by this section is intended to, and does, apply to all charges billed to a
telephone account having a situs in the city, irrespective of whether a particular communication
service originates and/or terminates within the city. The situs shall be the service address, if
known; otherwise the billing address.
(d) The term "telephone communication services" means the transmission, conveyance, or
routing of voice, data, audio, video, or any other information or signals to a point, or between
or among points, whatever the technology used, including, but not limited to, traditional
telephone service, mobile telecommunications service, and broadband service (e.g., digital
subscriber line (DSL), fiber optic, coaxial cable, and wireless broadband, including Wi-Fi,
WIMAX, and Wireless MESH) to the extent not prohibited by Federal and/or State law, now or
in the future. "Telephone communication services" includes transmission, conveyance, or
routing in which computer processing applications are used to act on the form, code or
protocol of the content for purposes of transmission, conveyance or routing without regard to
whether such service is referred to as voice over internet protocol (VoiP) services or is classified
by the Federal Communications Commission as enhanced or value added, and includes video
and/or data service that is functionally integrated with "telephone communication services."
(e) The tax i'mposed by this section applies to all telephone communication services however
charged or billed, including, but not limited to prepaid services, post-paid services, 800 services
(or any other toll-free numbers), or 900 services.
(f) The tax imposed by this section applies to ancillary telephone communication services,
which are those services that enable or enhance access to telephone communication services.
Ancillary telephone communication services include, but are not limited to, charges for
connection, reconnection, termination, movement, or change of telephone communication
services; detailed billing; central office and custom calling features (including but not limited to
call waiting, call forwarding, caller identification and three-way calling); voice mail and other
messaging services; directory assistance; access and line charges; local number portability
charges; text and instant messaging; and conference calls.
(g) "Mobile telecommunication service" means commercial mobile radio service, as defined
in Section 20.3 of Title 47 of the Code of Federal Regulations and as set forth in the Mobile
Telecommunications Sourcing Act (4 U.S.C. Section 124) and the regulations thereunder.
140510 jb 0131177 Rev. May 10, 2014
(h) 11Piace of primary use" means the street address representative of where the customer's
use of the telephone communications service primarily occurs, which must be the residential
street address or the primary business street address of the customer.
(i) 11Service address" means either (1)the location of the service user's telephone
communication equipment from which the communication originates or terminates, regardless
ofwherethe communication is billed or paid; or {2) if the location ofthe equipment Is unknown
(e.g., mobile telecommunication service or VoiP service), the service address means the
location of the service user's place of primary use; or {3) for prepaid telephone communication
service 11Service address" means the point of sale of the services where the point of sale is
within the city, or if unknown, the known address of the service user (e.g., billing address or
location associated with the service number), which locations shall be presumed to be the place
of primary use.
(j) There is a rebuttable presumption that a telephone communication service, which is billed
to a billing or service address in the city, is used, in whole or in part, within the city's
boundaries, and such service is subject to taxation under this section. There is also a rebuttable
presumption that a prepaid telephone communication service sold within the city is primarily
used, in whole or in part, within the city and is therefore subject to taxation under this section.
If the billing address of the service user is different from the service address, the service
~ddress of the service user shall be used for purposes of imposing the tax. As used in this
section, the term "charges" shall include the value of any other services, credits, property of
every kind or nature, or other consideration provided by the service user in exchange for the
telephone communication service.
(Ord. 3781 § 1 (partL 1987)
2.35.110 Council authorization to suspend collection of a portion of tax for limited periods of
time.
The City council may from time to time determine to collect less than the five percent tax
imposed by Sections 2.35.060, 2.35.070, 2.35.080 and 2.35.090 from all service users and may
suspend a portion of the maximum rates by passage of an ordinance stating:
(a) The council's intention to suspend collection of a portion of said tax;
(b) The duration of the suspension, which in no event shall exceed one year;
(c) The exact portion of the tax, collection of which is being suspended.
This rate suspension shall apply to all service users across the board and shall be in effect for
one year from the effective date of said ordinance.
(Ord. 3781 § 1 (part), 1987)
2.35.120 Collection of tax.
(a) Every service supplier shall collect the amount of tax imposed by this chapter from the
service user.
140510 jb 0131177 Rev. May 10, 2014
(b) The tax shall be collected insofar as practicable at the same time as, and along with, the
collection of charges made in acco rdance with the regular billing practice of the service
supplier. Except in those cases whe re a service user pays the full amou nt of said charges but
doe s not pay any portion of a tax imposed by t his chapter, or where a service user has notified
a service supplier that he is refusing to pay a tax imposed by this chapter which said service
supplier is required to collect, if the amount paid by a service user is less than the full amount
of the cha rge and tax which has accrued for the billing period, a proportionate share of both
the charge and tax shall be deemed to have been paid.
(c) The duty to collect t he tax from a service user shall commence thirty days after the
effective date of the ordinance codified in t his chapter. If a person receives more than one
billing, one or more being for a different period than another, the duty to collect shall arise
separately fo r each billing period.
(Ord. 3781 § 1 (part), 1987)
2.35.130 Reporting and remitting.
Each service supplier, shall, on or before the last day of each month, make a return to the
director of finance, on forms provided by him, stating the amount of taxes billed by the service
supplier during the preceding month. At the time the return is filed, the full amount of the tax
collected shall be remitted to the director of finance. The director of finance may require
further information in the return. Returns and remittances are due immediately upon cessation
of business for any reason.
(Ord. 3781 § 1 (part), 1987)
2.35.140 Penalty for delinquency.
(a) Taxes collected from a service user which are not remitted to the tax administrator on or
before the due dates provided in this chapter are delinquent.
(b) Penalties for delinquency in remittance of any tax collected or any deficiency in
remittance, shall attach and be paid by the person required to collect and remit at the
rate of ten percent of the total tax collected or imposed herein.
(c) The director offinance shall have power to impose additional penalties upon persons
required to collect and remit taxes under the provisions of this chapter for fraud or
negligence in reporting or remitting at the rate of ten percent of the amount of the tax
collected or as recomputed by the director of finance.
(d) Every penalty imposed under the provisions of this section shall become a part of the tax
required to be remitted .
{Ord . 3781 § 1 (part), 1987)
140510 jb 0131177 Rev. May 10, 2014
2.35.150 Records.
It shall be the duty of every service supplier required to collect and remit to the city any t ax
imposed by this chapter to keep and preserve, for a period of three years, all records as may be
necessary to determine the amount of such tax as such service supplier may have been
required to collect and rem it to the city, which records the director of finan ce shall have the
right to inspect at all reasonable times.
{Ord. 3781 § 1 (partL 1987)
2.35.160 Failure to pay tal:!~ Administrative remedy.
Whenever the director of finance determines that a service user has deliberately withheld the
amount of the tax owed by him from the amounts remitted to a service supplier, or that a
service user has failed to pay the amount of the tax for a period or four or more billing pe riods,
or whenever the director of finance deems it in the best interest of the city, he shall relieve the
service supplier of the obligation to collect taxes due under this chapter from certain named
service users for specified billing periods. The director of finance 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 service supplier,
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 director of finance within fifteen days from the date of the service
ofthe notice upon him, which shall be the date of mailing if service is not accomplished in
person, a penalty of twenty-five percent 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.
(Ord. 3781 § 1 (partL 1987)
2.35.i70 Actions to collect.
Any tax required to be paid by a service user under the provisions of this chapter shall be a
debt owed by the service user to the city. Any such tax collected from a service user which has
not been remitted to the director of finance 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 chapter shall be liable to an action brought in the name of the city for the recovery of
such amount including applicable penalties and attorneys' fees.
(Ord. 3781 § 1 (partL 1987)
2.35.180 Administrative rules, regulations and agreements.
The city manager has the authority to adopt rules and regulations riot inconsistent with the
provisions of this chapter for the purpose of carrying out and enforcing the payment, collection
and remittance of any tax herein imposed, and the city manager may also make administrative
agreements to vary the strict requirements of this chapter so that the collection of any tax
imposed herein may be made in conformance with the billing procedures of a particular service
140510 jb 0131177 Rev. May 10, 2014
. supplier so long as the ove ra ll results of such agreements result in collection of the tax in
conformance with the general purpose and scope of this chapter. A copy of such rules and
regulations and a copy of any such agreement shall be on file and available for public
examination in the office of the city clerk. Failure or refusal to comply with any such rules,
regulations or agreements promulgated under this section shall be deemed a violation of this
chapter.
(Ord. 3781 § 1 (part}, 1987}
2.35.190 Refunds.
(a) Claim Required . Prior to seeking judicial relief with respect to a dispute regarding
whether the amount of any tax has been overpaid, paid more t han once or erroneously
or illegally collected ·or received by the city under this chapter, an aggrieved taxpayer, fee
payer, service supplier, service user or any other person must comply with the provisions
of section 2.28.230 of this code.
(b) Service Suppliers. A service supplier 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 director of finance
that the service user from whom the tax has been collected did not owe the tax; provided,
however, that 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 use r to the service supplier.
(Ord. 5078 § 5, 2010: Ord. 3781 § 1 (part), 1987)
2.35.200 Bundling Taxable Items with Nontaxable Items ..
If any nontaxable charges are combined with and not separately stated from taxable service
charges on the customer's bill or invoiceof a service supplier, the combined charges are subjeCt
to tax unless the service supplier identifies, by reasonable and verifiable standards, the portions
of the combined charges that are nontaxable and taxable through the service supplier's books
and records kept in the regular course of business, and in accordance with generally accepted
accounting principles, and not created and maintained for tax purposes. If the service supplier
offers a combination of taxable and non-taxable services, and the charges are separately stated,
then for taxation purposes, the values assigned the taxable and non-taxable serviCes shall be
based on its books and records kept in the regular course of business and in accordance with
generally accepted accounting principles, and not created and maintained for tax purposes. The
service supplier has the burden of proving the proper valuation and apportionment of taxable
and non-taxable charges.
SECTION 2. General Tax. Proceeds of the tax imposed by this Ordinance shall be
deposited in the general fund of the City and shall be available for any legal purpose.
SECTION 3. Amendment or Repeal. The City Council may repeal Chapter 2.35 of the
Palo Alto Municipal Code or amend that Chapter without a vote of the people except that any
amendment to Chapter 2.35 that increases the amount or rate of tax due from any Person
140510 jb 0131177 Rev. May 10, 2014
beyond the inflatiqn-adjusted amounts and rates authorized by this Ordinance may not take
effect unless app roved by a vote of the people.
SECTION 4. Severability. If any section, subsection, sentence, clause, phrase, or
portion of this Ordinance is for any reason held to be invalid or unenforceable by a court of
competent jurisdiction, the remaining portions of this Ordinance shall nonetheless remain in
fu ll force and effect. The people hereby declare that they would have adopted each section,
subsection, sentence, clause, phrase, or portion of this Ordinance, irrespective of the fact that
any one or more sections, subsections, sentences, clauses, phrases, or portions of this
Ordinance be declared invalid or unenforceable.
SECTION 5. Effective Date. This ordinance shall be effective only if approved by a
majority of the voters and shall go into effect immediately after the vote is declared by the City
Council and the duty of service providers to collect the tax shall commence as provided in
California Public Utilities Code Section 799.
SECTION 6. Execution . The Mayor is hereby authorized to attest to the adoption of
this Ordinance by the voters of the City by signing where indicated below.
I hereby certify that the foregoing Ordinance was PASSED, APPROVED and ADOPTED by
the People of the City of Palo Alto voting on the 4th day of November, 2014.
~ =:1lk ~-JI .
Mayor (~~--~ CityCierk
~. A
THE FOREGOING DOCUMENT IS CERTIFU~D TO BE
A CORRECT COPY OF THE ORIGINAL ON FILE
"I CERTIFY o: ·r:CLARE UNDER PENALTY OF
PERJURY Tt, ·. · THE FOREGOING IS TRUE
ANDCORREcr
CITY CLERK'S OFFICE 7JJkt-
ClTY OF PAL? ~J.9 I I A /J/J l0/5/urs...-~
DATE SIGNATURE
140510 jb 0131177 Rev. May 10, 2014
STATE OF CALIFORNIA
STATE BOARD OF EQUALIZATION
450 N STREET, SACRAMENTO, CALIFORNIA
(PO BOX 942879, SACRAMENTO, CALIFORNIA 94279-0027)
TELEPHONE (916) 324-3000
FAX (916) 322-0986
www.boe.ca.gov
City of Palo Alto
Lalo Perez, Chief Financial Officer &
Director of Administrative Services Dept.
250 Hamilton Ave., 4111 Floor
Palo Alto, CA 94301
October 26,2015
Re: Local Prepaid Mobile Telephony Services Surcharge-UUT Code 1072
Dear Mr. James Keen,
SEN. GEORGE RUNNER (RET.)
First Districl, Lancaster
FIONA MA, CPA
Second District. San Francisco,
JEROME E. HORTON
Third District, Los Angeles County
DIANE L. HARKEY
Fourth District, Orange County
BETTY Y. YEE
State Controller
CYNTHIA BRIDGES
Executive Director
The Board of Equalization (BOE) has completed processing the agreement for the
administration of the Local Prepaid Mobile Telephony Services Collection Act, the "Local
Charge Act" (Rev. & Tax. Code§§ 42100-42111 , added by Stats. 2014, Ch. 885, Sec. 9) for the
City of Palo Alto. A copy of the fully executed agreement is enclosed for your records. Based
on City Ordinance 5291 for the City of Palo Alto and section 42102 of the Local Charge Act, the
applicable local Utility User Tax rate is 4.5 percent. The BOE's collection of local charge
revenue will commence on January 1, 2016.
Payments will be transmitted at the end of each allocation quarter. The first payment process is
anticipated for August 2016 for the 111/2016 commencement date. You will be contacted once
the allocation calendar has been finalized. You will also be contacted to confirm your preference
to receive payments through EFT or paper warrants sent through the U.S. Postal Service.
If you have any questions or concerns regarding the above, please contact me at (916) 322-2563.
Enclosures
Cc: file
Sincerely,
Olivia Siu
Business Taxes Specialist I
Local Revenue Allocation Unit