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Treasury, or of the Constitution of the State of California; <br />nor shall the name of the City be substituted for that of the <br />State in any section when the result of that substitution would <br />require action to be taken by or against the City or any agency <br />thereof rather than by or against the State Board of Equalization, <br />in performing the functions incident to the administration or <br />operation of this ordinance; and neither shall the substitution <br />be deemed to have been made in those sections including but not <br />necessarily limited to, sections referring to the exterior boundaries <br />of the State of California, where the result of the substitution would <br />be to provide an exemption from this tax with respect to certain <br />storage, use or other consumption of tangible personal property <br />which would not otherwise be exempt from this tax while such <br />storage, use or other consumption remains subject to tax by the <br />State under the provisions of Part 1 of Division 2 of the said <br />Revenue and Taxation Code, or to impose this tax with respect to <br />certain storage, use or other consumption of tangible personal <br />property which would not be subject to tax by the State under the <br />said provisions of that Code; and in addition, the name of the City <br />shall not be substituted for that of the State in Section 6701, <br />6702 (except in the last sentence thereof), 6711, 6715, 6737, 6797 <br />and 6828 of the said Revenue and Taxation Code as adopted, and the <br />name of the City shall not be substituted for the word "State" <br />in the phrase 'retailer engaged in business in this State" in <br />Section 6203 nor in the definition of that phrase in Section 6203. <br />Section 6. Section 5(6)(3)(11) of said ordinance is amended to read: <br />5(b)(3)(if). The storage, use or other consumption of tangible <br />personal property, the gross receipts from the sale of which has <br />been subject to sales tax under a sales and use tax ordinance enacted <br />in accordance with Part 1.5 of Division 2 of the Revenue and Taxation <br />Code by any city and county, county, or city in this State. <br />Section 7. This ordinance shall become operative on January 1, <br />1962. <br />NOORIO & FAISANT <br />_2_ <br />