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HomeMy WebLinkAboutResolution 2016-016 Transaction Privilege Tax 2012-2014MARANA RESOLUTION NO, 2016 -016 RELATING TO TRANSACTION PRIVILEGE TAX; DECLARING AS A PUBLIC RECORD FILED WITH THE TOWN CLERK. THAT CERTAIN DOCUMENT KNOWN AS "THE 2012 - 20 14 AMENDMENTS TO THE TAX CODE OF THE TOWN OF MARANA" BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA., that that certain document known as `The 2012 -2014 Amendments to the Tax Code of the Town of Marana ", a copy of which is attached to and incorporated in this resolution as Exhibit A and three copies of which are on file in the office of the Town Clerk, is hereby declared to be a public record and ordered to remain on file with the Town Clerk. PASSED AND ADOPTED BY THE MAYOR. AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 16"' day of February, 2016. N r w „ MARANA r ATTEST: ocelyn C/.,3ronson, "Down Clerk Mayor Ed flonea APPROV D A TO FORM: F nk C idy, Town A rt/rney Mara a Resolution No. 2415 -016 1 - EXHIBIT A TO MARANA RESOLUTION NO. 2016-01.6 2012-2014 AMENDMENTS TO THE TAX CODE OF THE TOWN OF MARANA Section I. Model City Tax Code Section 8-100 is amended as follows, with an effective date of January 1, 2007 for the change to "Business"; October -1, 2007 for the chap to "Prns.thetic_" Sec. 8-100. General definitions. For the purposes of this Chapter, the followin definitions appl "Assembler" means a person who unites or combines products, wares, or articles of manufacture so as to produce a chan in form or substance of such items without chan or alterin component parts. "Broker" means an person en or continuin in business who acts for another for a consideration in the conduct of a business activit taxable under this Chapter, and who receives for his principal all or part of the g ross income from the taxable activit "Business" INCLUDES all activities or acts, personal or corporate, en iii FOR caused to be en in with the object of g ain, benefit, or advanta either directLY or indirectLY, but DOES not INCLUDE EITHER: casual activities or sales; OR THE TRANSFER OF ELECTRICITY FROM A SOLAR PHOTOVOLTAIC GENERATION SYSTEM TO AN ELECTRIC UTILITY DISTRIBUTION SYSTEM. "Business 11 means an da of the week wlien the Tax Collector's office is open for the public to conduct the Tax Collector's business. "Casual Activi or Sale" means a transaction of an isolated nature made b a person who neither represents himself to be nor is en in a business subject to a tax imposed b this Chapter. However, no sale, rental, license for use, or lease transaction concernin real propert nor an activit entered into b a business taxable b this Chapter shall be treated, or be exempt, as casual. This definition shall include sales of used capital assets, provided that the volume and fre of such sales do not indicate that the seller re en in sellin such propert "Combined Taxes" means the sum of all applicable Arizona Transaction Privile and Use Taxes all applicable transportation taxes imposed upon g ross income b this Count as authorized b Article I11, Chapter 6 Title 42 Arizona Revised Statutes and all applicable taxes imposed b this Chapter. "Commercial Prop is an real propert or portion of such propert used for an purpose other than lod or lod space, includin structures built for lod but used otherwise, such as model homes, apartments used as offices, etc. "Communications Channel" means an line, wire, cable, microwave, radio si li beam, telephone, tele or an other electroma means of movin a messa "Construction Contracting" refers to the activit of a construction contractor. "Construction Contractor" means a person who undertakes to or offers to undertake to, or purports to have the capacit to undertake to, or submits a bid to, or does himself or b or throu others, construct, alter, repair, add to, subtract from, improve, move, wreck, or demolish an buildin hi road, railroad, excavation, or other structure, project, development, or improvement to real propert or to do an part thereof, "Construction contractor" includes Subcontractors, specialt contractors, prime contractors, and an pet-son receivin Pa 1 of 50 EXHIBIT A TO MARANA RESOLUTION NO. 201 6-015 2012-2014 AMENDMENTS TO THE TAX CODE OF THE TOWN IMF MARANA consideration for the general supervision and/or coordination of such a construction project except for remediation contracting. This definition shall govern without regard to whether or not the construction contractor is acting in fulfillment of a contract. "Deliver of Notice b the Tax Collector" means "receipt (of notice) by the taxpayer ". "Delivery, Installation or other Direct Customer Services" means services or labor, excluding repair labor, provided by a taxpayer to or for his customer at the time of transfer of tangible personal property; provided further that the charge for such labor or service is separately billed to the customer and maintained separately in the taxpayer's books and records. " Engaging ", when used with reference to engaging or continuing in business, includes the exercise of corporate or franchise powers. " Equivalent Excise Tax means either: (1) a Privilege or Use Tax levied by another Arizona municipality upon the transaction in question, and paid either to such Arizona municipality directly or to the vendor; or ( an excise tax levied by a political subdivision of a state other than Arizona upon the transaction in question, and paid either to such jurisdiction directly or to the vendor; or (3) an excise tax levied by a Native American Government organized under the laws of the federal government upon the transaction in question, and paid either to such jurisdiction directly or to the vendor. " Federal Government means the United States Government, its departments and agencies; but not including national banks or federally chartered or insured banks, savings and loan institutions, or credit unions. " Food " means any items intended for human consumption as defined by rules and regulations adopted by the Department of Revenue, State of Arizona, pursuant to A.R.S. Section 42-5106. Under no circumstances shall "food" include alcoholic beverages or tobacco, or food items purchased for use in conversion to any form of alcohol by distillation, fermentation, brewing, or other process. Under no circumstances shall "food" include an edible product, beverage, or ingredient infused, mixed, or in any way combined with medical marijuana or an active ingredient of medical marijuana. " Hotel " means any public or private hotel, inn, hostelry, tourist home, house, motel, rooming house, apartment house, trailer, or other lodging place within the Town offering lodging, wherein the owner thereof, for compensation, furnishes lodging to any transient, except foster homes, rest homes, sheltered care homes, nursing homes, or primary health care facilities. " Jet Fuel means jet fuel as defined in A.R.S. Section 42 -5351. " Job Printing means the activity of copying or reproducing an article by any means, process, or method. "Job printing" includes engraving of printing plates, embossing, copying, micrographics, and photo reproduction. " Lessee " includes the equivalent person in a rental or licensing agreement for all purposes of this Chapter. " Lessor " includes the equivalent person in a rental or licensing agreement for all purposes of this Chapter. Page 2 of 50 EXHIBIT A TO MARANA RESOLUTION NO. 201.6-016 2012 -2014 AMENDMENTS TO THE TAX CODE OF THE TOWN OF MARANA " Licensing (for Use) means any agreement between the user ( "licensee ") and the owner or the owner's agent ( "licensor ") for the use of the licensor's property whereby the licensor receives consideration, where such agreement does not qualify as a "sales' or "lease" or "rental" agreement. " Lodging (Lo.d gi ng Space) means any roorn or apartment in a hotel or any other provider of rooms, trailer spaces, or other residential dwelling spaces; or the furnishings or services and accommodations accompanying the use and possession of said dwelling space, including storage or parking space for the property of said tenant. "Manufactured Buildings" means a manufactured home, mobile home or factory built building, as defined in A.R.S. Section 41-2142. " Manufacturer " means a person engaged or continuing in the business of fabricating, producing, or manufacturing products, wares, or articles for use from other forms of tangible personal property, imparting to such new forms, qualities, properties, and combinations. "Medical i means "marijuana" used for a "medical use" as those terms are defined in A.R.S. Section 36 -2801. "Minin and Metallurgical Supplies" means all tangible personal property acquired by persons engaged in activities defined in Section 8--432 for such use. This definition shall not include: (1 ) janitorial equipment and supplies. (2) office equipment, office furniture, and office supplies. (3) motor vehicles licensed for use upon the highways of the State. " Modifier " means a person who reworks, changes, or adds to products, wares, or articles of manufacture. "Nonprofit Entity" means any entity organized and operated exclusively for charitable purposes, or operated by the Federal Government, the State, or any political subdivision of the State. " Occupancy (of Real Property) means any occupancy or use, or any right to occupy or use, real property including any improvements, rights, or interests in such property. " out --of Town Sale means the sale of tangible personal property and job printing if all of the fo I lowing occur: (1 ) transference of title and possession occur without the Town; and (2) the stock from which such personal property was taken was not within the corporate limits of the Town; ad (3) the order is received at a permanent business location of the seller located outside the Town; which location is used for the substantial and regular conduct of such business sales activity. In no event shall the place of business of the buyer be determinative of the situs of the receipt of the order. For the purpose of this definition it does not matter that all other indicia of business occur within the Town, including, but not limited to, accounting, invoicing, payments, centralized purchasing, and supply to out-of- Town storehouses and out -of -Town retail branch outlets from a primary storehouse within the Town. Page 3 of 50 EXHIBIT A TO MARANA RESOLUTION NO. 2016-016 2012-2014 AMENDMENTS TO THE TAX CODE OF THE TOWN OF MARANA "Out-of-State Sale" i-neans the sale of tan personal propert and j ob printin if all of the followin Occur: the order is placed from without the State of Arizona; and ( 2 ) the propert is delivered to the bu at a location outside the State; and (3) the propert is purchased for use Outside the State. "Owner-Builder" means an owner or lessor of real propert who, b himself or b or throu others, constructs or has constructed or reconstructs or has reconstructed an improvement to real propert "Person" means an individual, firm, partnership, joint venture, association, corporation, estate,, trust, receiver, s broker, the Federal Government, this State, or an political subdivision or a of this State. For the purposes of this Chapter, a person shall be considered a distinct and separate person from an g eneral or limited partnership or j oint venture or other association with which such person is affiliated. A subsidiar corporation shall be considered a separate person fi-orn its parent corporation for purposes of taxation of transactions with its parent corporation. "Prosthetic" means an of the followin tan personal propert if such items are prescribed or recommended b a licensed podiatrist, chiropractor, dentist, ph or sur naturopath, optometrist, osteopathic ph or sur ps hearin aid dispenser, ph assistant, nurse practitioner or veterinarian: 1 } an man-made device for support or replacement of a part of the bod or to increase acuit of one of the senses. Such items include: prescription e contact lenses hearin aids-, artificial limbs or teeth neck, back, arm, le or similar braces. (2) insulin, insulin s and g lucose test strips sold with or Without a prescription. (3) hospital beds, crutches, wheelchairs, similar home health aids, or corrective shoes. (4) dru or medicine, includin ox (5) e used to g enerate, monitor, or provide health support s Such as respirator e ox concentrator, dial machine. (6 durable medical e which has a federal health care financin administration common procedure code, is desi reimbursable b Medicare, can withstand repeated use, is primaril and customaril used to serve a medical purpose, is g enerall y not useful to a person in the absence of illness or injur and is appropriate for use In the home. [a] ORTHODONTIC DEVICES DISPENSED BY A DENTAL PROFESSIONAL WHO IS LICENSED UNDER TITLE 32, CHAPTER I I TO A PATIENT AS PART OF THE PRACTICE OF DENTISTRY. (7-)M Under no circumstances shall "prosthetic" include medical mari re of whether it is sold or dispensed pursuant to a prescription, recommendation, or written certification b an authorized person. "Qualif Communit Health Center" Pa 4 of 50 EXHIBIT A TO MARANA RESOLUTION NO. 2016-016 2012 -2014 AMENDMENTS TO THE TAX CODE OF THE TOWN OF MARANA (l) means an entity that is recognized as nonprofit under 501(c)(3) of the United States Internal Revenue Code, that is acommunity- based, primary care clinic that has acommunity -based board of directors and that is either: (a) the sole provider of primary care in the community. (b) a nonhospital affiliated clinic that is located in a federally designated medically underserved area in this State. (2) includes clinics that are being constructed as qualifying community health centers. " calif -Y inm Health Care Organ izat ion " means an entity that is recognized as nonprofit under Section 50 1 (c) of the United States Internal Revenue Code and that uses, saves or invests at least eighty percent (SO %) of all monies that it receives from all sources each year only for health and medical related educational and charitable services, as documented by annual financial audits prepared by an independent certified public accountant, performed according to generally accepted accounting standards and filed annually with the Arizona Department of Revenue. Monies that are used, saved or invested to lease, purchase or construct a facility for health and medical related education and charitable services are included in the eighty percent (SO %) requirement. " Qualifying Hospital means any of the following: 1 } a licensed hospital which is organized and operated exclusively for charitable purposes, no part of the net earnings of which inures to the benefit of any private shareholder or individual. (2) a licensed nursing care institution or a licensed residential care institution or a residential care facility operated in conjunction with a licensed nursing care institution or a licensed kidney dialysis center, which provides medical services, nursing services or health related services and is not used or held for profit. (3) a hospital, nursing care institution or residential care institution which is operated by the federal government, this State or a political subdivision of this State. (4) a facility that is under construction and that on completion will be a facility under subdivision (1), (2) or (3) of this paragraph. "Receipt of Notice by the Taxpayer" means the earlier of actual receipt or the first attempted delivery by certified United States mail to the taxpayer's address of record with the Tax Collector. " Remediation " means those actions that are reasonable, necessary, cost - effective and technically feasible in the event of the release or threat of release of hazardous substances into the environment such that the waters of the State are or may be affected, such actions as may be necessary to monitor, assess and evaluate such release or threat of release, actions of reined iation, removal or disposal of hazardous substances or taking such other actions as may be necessary to prevent, minimize or mitigate damage to the public health or welfare or to the waters of the State which may otherwise result from a release or threat of release of a hazardous substance that will or may affect the waters of the State. Remediation activities include the use of biostimulation with indigenous microbes and bioaugmentation using microbes that are nonpathogenic, nonopportunistic and that are naturally occurring. Remediation activities may include commuzlity information and participation costs and providing an alternative drinking water supply. Page 5 of 50 EXHIBIT A To MARANA RESOLUTION No. 2016 -016 2012-2014 AMENDMENTS TO THE TAX CODE Off` THE TOWN Off' MARANA " Rental Equipment means tangible personal property sold, rented, leased, or licensed to customers to the extent that the item is actually used by the customer for rental, lease, or license to others; provided that: (1) the vendee is regularly engaged in the business of renting, leasing, or licensing such property for a consideration; and (2) the itern so claimed as "rental equipment" is not used by the person claiming the exemption for any purpose other than rental, lease, or license for compensation, to an extent greater than fifteen percent (15 %) of its actual use. " Rental Supply means an expendable or nonexpendable repair or replacement part sold to become part of "rental equipment ", provided that: [ 1 the documentation relating to each purchased item so claimed specifically itemizes to the vendor the actual item of "rental equipment" to which the purchased item is intended to be attached as a repair or replacement part; and (2) the vendee is regularly engaged in the business of renting, leasing, or licensing such property for a consideration; and (3) the item so claimed as "rental equipment" is not used by the person claiming the exemption for any purpose other than rental, lease, or license for compensation, to an extent greater than fifteen percent (15 %) of its actual use. " Repairer " means a person who restores or renews products, wares, or articles of manufacture. " Resides within the Town means in cases other than individuals, whose legal addresses are determinative of residence, the engaging, continuing, or conducting of regular business activity within the Town. " Restaurant " means any business activity where articles of food, drink, or condiment are customarily prepared or served to patrons for consumption on or off the premises, also including bars, cocktail lounges, the dining rooms of hotels, and all caterers. For the purposes of this Chapter, a "fast food" business, which includes street vendors and mobile vendors selling in public areas or at entertainment or sports or similar events, who prepares or sells food or drink for consumption on or off the premises is considered a "restaurant ", and not a "retailer ". " Retail Sale (Sale at Retail rneans the sale of tangible personal property, except the sale of tangible personal property to a person regularly engaged in the business of selling such property. " Retailer " means any person engaged or continuing in the business of sales of tangible personal property at retail. „ Sale " means any transfer of title or possession, or both, exchange, barter, conditional or otherwise, in any manner or by any means whatsoever, including consignment transactions and auctions, of property for a consideration. "Sale" includes any transaction whereby the possession of such property is transferred but the seller retains the title as security for the payment of the price. "Sale" also includes the fabrication of tangible personal property for consumers who, in whole or in part, furnish either directly or indirectly the materials used in such fabrication work. Page 6 of 50 EXHIBIT A To MAR.ANA RESOLUTION NO. 2016-016 201.2 -2014 AMENDMENTS TO THE TAX CODE OF THE TOWN OF MARANA " Solar Daylighting means a device that is specifically designed to capture and redirect the visible portion of the solar beam, while controlling the infrared portion, for use in illuminating interior building spaces in lieu of artificial lighting. " Solar Energy Device means a system or series of mechanisms designed primarily to provide heating, to provide cooling, to produce electrical power, to produce mechanical power, to provide solar daylighting or to provide any combination of the foregoing by means of collecting and transferring solar generated energy into such uses either by active or passive means, including wind generator systems that produce electricity. Solar energy systems may also have the capability of storing solar energy for future use. Passive systems shall clearly be designed as a solar energy device, such as a trombe wall, and not merely as a part of a normal structure, such as a window. " Speculative Builder means either: (1 ail owner- builder who sells or contracts to sell, at any time, improved real property (as provided in Section 8-416) consisting of: a) custom, model, or inventory homes, regardless of the stage of completion of such homes; or b) improved residential or commercial lots without a structure; or (2) an owner - builder who sells or contracts to sell improved real property, other than improved real property specified in subsection (1 ) above: a) prior to completion; or b) before the expiration of twenty -four (24) months after the improvements of the real property sold are substantially complete. " Substantially Complete means the construction contracting or reconstruction contracting: (1) has passed final inspection or its equivalent; or (2) certificate of occupancy or its equivalent has been issued; or (3) is ready for immediate occupancy or use. " Supplier " means any person who rents, leases, licenses, or makes sales of tangible personal property within the Town, either directly to the consumer or customer or to wholesalers, jobbers, fabricators, manufacturers, modifiers, assemblers, repairers, or those engaged in the business of providing services which involve the use, sale, rental, lease, or license of tangible personal property. " Tax Collector means the Town Manager or his designee or agent for all purposes under this Chapter. „ Taxpayer " means any person liable for any tax under this Chapter. "Taxpayer Problem Resolution Officer" means the individual designated by the Town to perform the duties identified in Sections 8 -515 and 8 -516. In cities with a population of 50,000 or more, the Taxpayer Problem Resolution Officer shall be an employee of the Town. In cities with a population of less than 50,000, the "Taxpayer Problem Resolution officer need not be ail employee of the Town. Regardless of whether the Taxpayer Problem Resolution Officer is or is not ail employee of the Town, the Taxpayer Problem Resolution Page 7 of 50 EXHIBIT A TO MARANA RESOLUTION NO. 2016-016 2012-2014 AMENDMENTS TO THE TAX CODE OF THE TOWN OF MARANA Officer shall have substantive knowled of taxation. The identit of and telephone IlUrnber for the Taxpa Problem Resolution Officer can be obtained froze the Tax Collector. "Telecommunication Service" means an service or activit connected with the transmission or rela Of Sound, Visual ima data, information, ima or material over a communications channel or an combination of C0111111Unications channels. "Transient" means an person who either at the pet-soil's own expense or at the expense of another obtains lod space or the use of lod space on a dail or weekl basis, or oil an other basis for less than thirt ( 30 ) consecutive da "Uti lit y Service" means the producin providin or furnishin of electricit electric li Current, power, g as (natural or artificial), or water to consumers or ratepa Section 11. Model City Tax Code Section 8-120 and Model Option #2 is repealed, with an effective date of July 1, 2013. 11-1.1 all. mi 11 I M L1111111111 _40I lk!*A 9 Oil 6 = 1) 0 LM WAN, "e`mm`m� -kot Ill ILL.I.- .."a Pa 8 of 50 1:�Jllljj:ppp��11111! I , .A , . ■ 11 11 wmn 0 91,11I.F.W.11,111 R Al I WAk III P.4 F-IM 111FAIVE;.'.. AL%L=Lll U�11!tiillll � pj . 1111 . W M LVAVA.V W011 0 0.— i ff�M @smote L All ■ I AM I I I 1 111, • W NEI ra Nam orm4�-low 1 AMPOISM11 ad kkk b MO M W.14 ELVA.IWP --- - - - - 0. 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I , .A , . ■ 11 11 wmn - "W111111 R Al I WAk III LLMOLLM M LVAVA.V W011 0 V ft4!VBWWI 9 IM LW1011 L1111111111 _40I lk!*A 9 Oil 6 = 1) 0 LM WAN, "e`mm`m� -kot Ill ILL.I.- .."a Pa 8 of 50 EXHIBIT A To MARANA RESOLUTION No. 2016-016 2012 -2014 AMENDMENTS TO THE TAX CODE of THE TOWN of MARANA and similaf eon "'Ill And 11A ith* vic na Ar-Ill fictr tile %j %, %.J.%-I,% ky J f 1 ■ . a a ■ i s ■ ■ i 47-76 i • ■ a ■ R ■ ■ ■ w ■ Jr . mml l j plii� PRIM a i ■ ■ wv ■ ■ ■ . ■ ■ ■ a r w ■ ■ ■ r r • • ■ r ■ / • ■ ■ s ■ ■ r ■ ■ • ■ ■ ■ a ■ ■ 6 9 r q 91 L s ■ ■ r ■■ ■ i • ■ ■ ■ w ■ w • i ■n VJWAMJJA-Mffi��j ■ • s / ! ■ Il U In !• • ■► s • ■ ■ ■ ■ ! f . ■ . ■ r • . • ■ ■ ! ■ ■ • ! ■ ■ ■ r ft ■ • ■ f ■ • ■ ■ w ■ ■ • • �l 111, W .. • 'I'll i■ r r + ■ • • • w ■ r w ■ w ii ■i ■ r ■ .� ■ �■a III . ■� ■ ■ Was w - r + t ■ ■ ■ ■ A ■ s ■ ■ ■ ■ M ! ■- ■ r ■ r r AF ■ ■ ■ s s ■ IN ■ ■ A ■ ■ • �r i ■ r 1 ■ . a a ■ i s ■ ■ i 47-76 i • ■ a ■ R ■ ■ ■ w ■ + ■ i ■ ■ ■ R i ■ a i ■ ■ wv ■ ■ ■ . ■ ■ ■ a r w ■ ■ ■ r r • • ■ s ■ ■ ! s ■ ■ / • ■ ■ s ■ ■ r ■ ■ • ■ ■ ■ a ■ ■ 6 9 r q 91 L s ■ ■ . ■ ■ ■ ■ ■ w ■ • is • ! ■ . ■■ ■ i • ■ ■ ■ w ■ w • i ■n • 1 _ a Page 9 of 50 a i ■ ■ ■ ■ w w NO 111 il + ■ ■ ■ ■ ■ a r w ■ ■ ■ r r • • ■ s ■ ■ ! s ■ ■ / • ■ ■ s ■ • 1 _ a Page 9 of 50 EXHIBIT A TO MARANA RESOLUTION NO, 2016-016 2012-2014 AMENDMENTS TO THE TAX CODE OF THE TOWN OF MARANA Section 111. Model Citv Tax Code Section 8-200 is amended as follows, with an effective date of July 1, 20130 Sec. 8-200. Determination of g ross income: in g eneral. (a) Gross income includes: (1) the value proceedin or accruin from the sale of propert the providin of service, or both. (2) the total amount of the sale, lease, license for use, or rental price at the time of such sale, rental, lease, or license. (3) all receipts, cash, credits, barter, exchan reduction of or for of indebtedness, and propert of ever kind or nature derived from a sale, lease, license for use, rental, or other taxable activit (4) all other receipts whether pa is advanced prior to, contemporaneous with, or deferred in whole or in part subse to the activit or transaction. (b) Barter, exchan trade-outs, or similar transactions are includable in g ross income at the fair market value of the service rendered or propert transferred, whichever is hi as the represent consideration g iven for consideration received. (c) No deduction or exclusion is allowed from g ross income on account of the cost of the propert sold, the time value of mone expense of an kind or nature, losses, materials used, labor or service performed, interest paid, or credits g ranted. Dl FOR THE PURPOSES OF THIS CHAPTER THE TOTAL AMOUNT OF GROSS INCOME., GROSS RECEIPTS OR GROSS PROCEEDS OF SALES FOR NUCLEAR FUEL SHALL BE DEEMED TO BE THE VALUE OF THE PURCHASE PRICE OF URANIUM OXIDE USED IN PRODUCING THE FUEL. THE TAX IMPOSED BY THIS CHAPTER MAY BE IMPOSED ONLY ONCE FOR ANY ONE QUANTITY OR BATCH OF NUCLEAR FUEL REGARDLESS OF THE NUMBER OF TRANSACTIONS OR Pa 10 of 50 .wimp . I I "'. • • ■ • IS ill 81 LVA 6 MA 4 19 9 1 Li 91.10 WON. ■ ')SOL" WAALMOViIIIJILMI 1 11 1.901L.2mm"SIL 1 11 ■ WA 9 LVIA 5 OLIVA I W_'A' ! W' • I I ■ ■ _JL WN was Section 111. Model Citv Tax Code Section 8-200 is amended as follows, with an effective date of July 1, 20130 Sec. 8-200. Determination of g ross income: in g eneral. (a) Gross income includes: (1) the value proceedin or accruin from the sale of propert the providin of service, or both. (2) the total amount of the sale, lease, license for use, or rental price at the time of such sale, rental, lease, or license. (3) all receipts, cash, credits, barter, exchan reduction of or for of indebtedness, and propert of ever kind or nature derived from a sale, lease, license for use, rental, or other taxable activit (4) all other receipts whether pa is advanced prior to, contemporaneous with, or deferred in whole or in part subse to the activit or transaction. (b) Barter, exchan trade-outs, or similar transactions are includable in g ross income at the fair market value of the service rendered or propert transferred, whichever is hi as the represent consideration g iven for consideration received. (c) No deduction or exclusion is allowed from g ross income on account of the cost of the propert sold, the time value of mone expense of an kind or nature, losses, materials used, labor or service performed, interest paid, or credits g ranted. Dl FOR THE PURPOSES OF THIS CHAPTER THE TOTAL AMOUNT OF GROSS INCOME., GROSS RECEIPTS OR GROSS PROCEEDS OF SALES FOR NUCLEAR FUEL SHALL BE DEEMED TO BE THE VALUE OF THE PURCHASE PRICE OF URANIUM OXIDE USED IN PRODUCING THE FUEL. THE TAX IMPOSED BY THIS CHAPTER MAY BE IMPOSED ONLY ONCE FOR ANY ONE QUANTITY OR BATCH OF NUCLEAR FUEL REGARDLESS OF THE NUMBER OF TRANSACTIONS OR Pa 10 of 50 EXHIBIT A TO MARANA RESOLUTION NO. 2 16 -016 2012 -2014 AMENDMENTS TO THE TAX CODE OF THE TOWN OF MARANA FINANCING ARRANGEMENTS WHICH MAY OCCUR WITH RESPECT TO THAT NUCLEAR FUEL. Page II of 50 EXHIBIT A TO MARANA RESOLUTION NO. 2016-016 20122014 AMENDMENTS TO THE TAX CODE OF THE TOWN OF MARANA Section IV. Model Cily Tax Code Article III is REPEALED AND REPLACED IN ITS ENTIRETY with the following sections 8300 through 8 -380 effective Janua 1 2015. Article III - Licensing and Recordkeeping Sec. 8 -300. Licensing requirements. (a) The following persons shall make application to the Tax Collector for a Transaction Privilege and Use Tax License and no person shall engage or continue in business or engage in such activities until he shall have such a license: (I) Every person engaging or continuing in business activities within the city or town upon which a Transaction Privilege Tax is imposed by this Chapter. (2) Every person engaging or continuing in business within the city or town and storing or using tangible personal property in this municipality upon which a Use Tax is imposed by this Chapter. (3) Every person required to report and pay a tax upon Rental Occupancy, as imposed by Section 8 -440. (b) For the purpose of determining whether a Transaction Privilege and Use Tax License is required, a person shall be deemed to be "engaging or continuing in business" within the city or town if: (I) engaging in any activity as a principal or broker, the gross receipts of which may be subject to Transaction Privilege Tax under Article IV of this Chapter, or (2) maintaining within the city or town directly, or if a corporation by a subsidiary, an office, distribution house, sales house, warehouse or other place of business; maintaining within the city or town directly, or if a corporation by a subsidiary, any real or tangible personal property; or having any agent or other representative operating within the city or town under the authority of such person, or if a corporation by a subsidiary, irrespective of whether such place of business, property, or agent or other representative is located here permanently or temporarily, or (3) soliciting sales, orders, contracts, leases, and other similar forms of business relationships, within the city or town from customers, consumers, or users located within the city or town, by means of salesmen, solicitors, agents, representatives, brokers, and other similar agents or by means of catalogs or other advertising, whether such orders are received or accepted within or without this city or town. (4) A person shall also be deemed to be " engaging or continuing in business if engaging in any activity subject to Use Tax under Article VI of this Chapter for business purposes. Individuals who acquire items subject to Use Tax for their own personal use or their family's personal use are not required to obtain a license. Page 12 of 50 EXHIBIT A TO MARANA RESOLUTION NO. 2016 -01 G 2012 -2014 AMENDMENTS TO THE TAX CODE OF THE TOWN OF MARANA (5) Every person required to report and pay a tax upon Rental Occupancy, as imposed by Section 8 -440. (c) A person engaging in more than one activity subject to Transaction Privilege Tax at any one business location is not required to obtain a separate license for each activity, provided that, at the time such person mares application for a license, he shall list on such application each category of activity in which he is engaged. (d) The licensee shall inform the Tax Collector of any changes in his business activities, location, or mailing address within thirty (30) days. (e) Limitation The issuance of a Transaction Privilege and Use Tax License by the Tax Collector shall in no way be construed as permission to operate a business activity in violation of any other law or regulation to which such activity may be subject. (f) Casual activily For the purposes of this Chapter, individuals engaging in a " casual ac tivi or sale are not subject to the license requirements imposed under this Article provided that they are only engaged in private sales activities, such as the sale of personal automobile or garage sale, on no more than three separate occasions during any calendar year. Sec. 5 -310. Licensing: special requirements. (a) Partnerships Application for a Transaction Privilege and Use Tax License for a partnership engaging or continuing in business shall provide, as a minimum, the names and addresses of all general partners. Licenses issued to persons engaging in business as partners, limited or general, shall be in the name of the partnership. (b) Limited Liability Companies. Application for a Transaction Privilege and Use Tax License for a Limited Liability Company (LLC) engaging or continuing in business shall provide, as a minimum, the names and addresses of all members and the manager. Licenses issued to persons engaging in business as Limited Liability Companies, shall be in the name of the LLC. (c) Corporations Application for a Transaction Privilege and Use Tax License for a corporation engaging or continuing in business shall provide, as a minimum, the names and addresses of both the Chief Executive Officer and Chief Financial Officer of the corporation. Licenses issued to persons engaging in business as corporations shall be in the name of the corporation. (d) Multiple Locations or Multiple Business Names. A person engaging or continuing in one or more businesses at two (2) or more locations or under two (2) or more business names shall procure a license for each such location or business name. A "location" is a place of a separate business establishment. (e) Real Properly Rental Leasing, and Licensing for Use. In all cases the Transaction Privilege and Use Tax License shall be issued only to the owner of the real property regardless of the owner engaging a property manager or other broker to oversee the owner's business activity including filing tax returns on behalf of the owner. Each. rental property that can be Page 13 of 50 EXHIBIT A TO MARANA RESOLUTION NO. 2016-016 2012 -2014 AMENDMENTS To THE TAX CODE OF THE TOwN OF MARANA independently sold or transferred is deemed to be a separate business establishment. Each planed parcel of real property subject to the tax imposed by this Chapter is deemed to be a separate business establishment and requires a separate license, regardless of the number of rental units located on that platted parcel. if one structure is located on multiple parcels in a manner such that ownership of an individual parcel cannot be sold or transferred without requiring alteration to divide the structure, one license shall be required for all affected parcels. Sec. 8 -320. License fees; annual renewal; renewal fees. (a) The Transaction Privilege and Use Tax License shall be valid upon receipt of a non- refundable license fee of five dollars ($5.00), except for a license to engage in the business activity of residential or commercial real property rental, leasing, and licensing for use as separately identified in this Section. The Transaction Privilege and Use Tax License shall be valid only for the calendar year in which it is issued unless renewed each year by filing the appropriate application for license renewal and paying an annual license renewal fee of zero dollars ($0.00) for each license, subject to the limitations in A.R.S. 42 -5005. Such annual renewal fee shall be due and payable on January l of each year and shall be considered delinquent if not paid and received on or before the last business day of January. (b) The Transaction Privilege and Use Tax License to engage in the business activity of residential real property rental, leasing, and licensing for use shall be valid only upon receipt of anon- refundable license fee of zero dollars ($0.00). The Transaction Privilege and Use Tax License shall be valid only for the calendar year in which it is issued unless renewed each year by filing the appropriate application for license renewal and paying an annual license renewal fee of zero dollars ($0.00) for each license, subject to the limitations in A.R.S. 42- 5005. Such fee shall be due and payable on January 1 of each year and shall be considered delinquent if not paid and received on or before the last business day of January. (c) The Transaction Privilege and Use Tax License to engage in the business activity of commercial real property rental, leasing, and licensing for use shall be valid only upon receipt of anon- refundable license fee of five dollars ($5.00). The Transaction Privilege and Use Tax License shall be valid only for the calendar year in which it is issued unless renewed each year by filing the appropriate application for license renewal and paying an annual license renewal fee of zero dollars ($0.00) for each license, subject to the limitations in A.R.S. 42 -5005. Such fee shall be due and payable on January l of each year and shall be considered delinquent if not paid and received on or before the last business day of January. Sec. 8-330. Licensing: duration; transferability; display; penalties; penalty waiver; relicensing; fees collectible as if taxes. (a) The Transaction Privilege and Use Tax License shall be valid only for the calendar year in which it is issued unless renewed each year by filing the appropriate application for license Page 14 of 50 EXHIBIT A To MARANA RESOLUTION No. 2016 -016 2012 -2014 AMENDMENTS To THE TAX CODE OF THE TOWN OF MARANA renewal and paying the applicable license renewal fee for each license, subject to the limitations in A.R.S. 425005. Such fee shall be due and payable on January i of each year and shall be considered delinquent if not paid and received on or before the last business day of January. Application and payment of the annual fee must be received in the Tax Collector's office to be deemed paid and received. (b) The Transaction Privilege and Use Tax License shall be nontransferable between owners or locations, and shall be on display to the public in the licensee's place of business. (c) Any person required to be licensed under this Chapter who fails to obtain a license on or before conducting any business activity requiring such license shall be subject to the license fees due for each year in business plus a penalty in the amount of fifty percent (50 %) of the applicable fee for each period of time for which such fee would have been imposed, from and after the date on which such activity commenced until paid. This penalty shall be in addition to any other penalty imposed under this Chapter and must be paid prior to the issuance of any license. License fee penalties may be waived by the Tax Collector subject to the same terms as the waiver of tax penalties as provided for in Section 8 -540. (d) Any licensee who fails to renew his license on or before the due date shall be deemed to be operating without a license following such due date, and shall be subject to all penalties imposed under this Chapter against persons required to be licensed and operating without a license. The non - licensed status may be removed by payment of the annual license fee for each year or portion of a year he operated without a license, plus a license fee penalty of 50% of the license fee due for each year. License fee penalties may be waived by the Tax Collector subject to the same terms as the waiver of tax penalties as provided for in Section 8-540. (e) Any licensee who permits his license to expire through cancellation as provided in Section 8- 340, by his request for cancellation, by surrender of the license, or by the cessation of the business activity for which the license was issued, and who thereafter applies for a license, shall be granted a new license as a new applicant and shall pay the current license fee imposed under Section 8.320. (f) Any licensee who needs a copy of his Transaction Privilege and Use Tax License which is still in effect shall be charged the current license fee for each reissuance of a license. (g) Any person conducting a business activity subject to licensing without obtaining a Transaction Privilege and Use Tax License shall be liable to the Town for all applicable fees and penalties and shall be subject to the provisions of Sections 8 -580 and 8 -590, to the same extent as if such fees and penalties were taxes and penalties under such Sections. Sec. 5 -344. Licensing: cancellation; revocation. (a) Cancellation The Tax Collector may cancel the Transaction Privilege and Use Tax License of any licensee as "inactive" if the taxpayer, required to report monthly, has neither filed any return nor remitted any taxes imposed by this Chapter for a period of six (6) consecutive Page 15 of 50 EXHIBIT A TO MARANA RESOLUTION NO, 2016-016 2012 -2014 AMENDMENTS TO THE TAX CODE OF THE TOWN OF MARANA months; or, if required to report quarterly, has neither filed any return nor remitted any taxes imposed by this Chapter for two (2) consecutive quarters; or, if required to report annually, has neither filed any return nor remitted any taxes imposed by this Chapter when such annual report and tax are due to be filed with and remitted to the Tax Collector. (b) Revocation If any licensee fails to pay any tax, interest, penalty, fee, or sure required to be paid under this Chapter, or if such licensee fails to comply with any other provisions of this Chapter, the Tax Collector may revoke the Transaction Privilege and Use Tax License of said licensee. (c) Notice and Hearin. The Tax Collector shall deliver notice to such licensee of cancellation or revocation of the Transaction Privilege and Use Tax License. If the licensee requests a hearing within twenty (20) days of receipt of such notice, he shall be granted a hearing before the Tax Collector. (d) After cancellation or revocation of a taxpayer's license, the taxpayer shall not be issued a new license until all reports have been filed; all fees, taxes, interest, and penalties due have been paid; and he is in compliance with all provisions of this Chapter. Sec. 8 -350. operating without a license. It shall be unlawful for any person who is required by this Chapter to obtain a Transaction Privilege and Use Tax License to engage in or continue in business without a license. The Tax Collector shall assess any delinquencies in tax, interest, and penalties which may apply against such person upon any transactions subject to the taxes imposed by this Chapter. Sec. 8 -364. Recordkeeping requirements. (a) It shall be the duty of every person subject to the tax imposed by this Chapter to keep and preserve suitable records and such other books and accounts as may be necessary to determine the amount of tax for which he is liable under this Chapter. The books and records must contain, at a minimum, such detail and summary information as may be required by this Article; or when records are maintained within an electronic data processing (EDP) system, the requirements established by the Arizona Department of Revenue for privilege tax filings will be accepted. It shall be the duty of every person to keep and preserve such books and records for a period equal to the applicable limitation period for assessment of tax, and all such books and records shall be open for inspection by the Tax Collector during any business day. (b) The Tax Collector may direct, by letter, a specific taxpayer to keep specific other books, records, and documents. Such letter directive shall apply: only for future reporting periods, and Page 16 of 50 EXHIBIT A To MARANA RESOLUTION No, 2016 -016 2012 -2014 AMENDMENTS TO THE TAX CODE OF THE TOWN OF MARANA (2) only by express determination of the Tax Collector that such specific recordkeeping is necessary due to the inability of the taxing jurisdiction to conduct an adequate examination of the past activities of the taxpayer, which inability resulted from inaccurate or inadequate books, records, or documentation maintained by the taxpayer. Sec. 8 -362. Recordkeeping: income. The minimum records required for persons having gross income subject to, or exempt or excluded from, tax by this Chapter must show: (a) The gross income of the taxpayer attributable to any activity occurring in whole or in part in the Town. (b) The gross income taxable under this Chapter, divided into categories as stated in the official Town tax return. (c) The gross income subject to Arizona Transaction Privilege Taxes, divided into categories as stated in the official State tax return. (d) The gross income claimed to be exempt, and with respect to each activity or transaction so claimed: (1) if the transaction is claimed to be exempt as a sale for resale or as a sale, rental, lease, or license for use of rental equipment: (A) The Town Privilege License number and State Transaction Privilege Tax License number of the customer (or the equivalent Town, if applicable, and state tax numbers of the Town and state where the customer resides), and (13) The name, business address, and business activity of the customer, and (C) Evidence sufficient to persuade a reasonably prudent businessman that the transaction is believed to be in good faith a purchase for resale, or a purchase, rental, lease, or license for use of rental equipment, by the vendee in the ordinary and regular course of his business activity, as provided by Regulation. (2) If the transaction is claimed to be exempt for any other reason: (A) The name, business address, and business activity of the customer, and (13) Evidence which would establish the applicability of the exemption to a reasonably prudent businessman acting in good faith. Ordinary business documentation which would reasonably indicate the applicability of an exemption shall be sufficient to relieve the person on whom the tax would otherwise be imposed from liability therein, if he acts in good faith as provided by Regulation. Page 17 of 50 EXHIBIT A TO MARANA RESOLUTION No, 2016 -016 201.2 -2014 AMENDMENTS TO THE TAX. CODE of THE TOWN of MARANA (e) with respect to those allowed deductions or exclusions for tax collected or charges for delivery or other direct customer services, where applicable, evidence that the deductible income has been separately stated and shown on the records of the taxpayer and on invoices or receipts provided to the customer. All other deductions, exemptions, and exclusions shall be separately shown and substantiated. (f) with respect to special classes and activities, such other books, records, and documentation as the Tax Collector, by regulation, shall deem necessary for specific classes of taxpayer by reason of the specialized business activity of any such class. (g) In all cases, the books and records of the taxpayer shall indicate both individual transaction amounts and totals for each reporting period for each category of taxable, exempt, and excluded income defined by this Chapter. Sec. 8 -364. Recordkeeping: expenditures. The minimum. records required for persons having expenditures, costs, purchases and rental or lease or license expenses subject to, or exempt or excluded from, tax by this Chapter are: (a) The total price of all goods acquired for use or storage in the Town. (b) The date of acquisition and the name and business address of the seller or lessor of all goods acquired for use or storage in the Town. (c) Documentation of taxes, freight, and direct customer service labor separately charged and paid for each purchase, rental, lease, or license. (d) The gross price of each acquisition claimed as exempt from tax, and with respect to each transaction so claimed, sufficient evidence to satisfy the Tax Collector that the exemption Claimed is applicable. (e) As applicable to each taxpayer, documentation sufficient to the Tax Collector, so that he may ascertain: (1) All construction expenditures and all Privilege and Use Taxes claimed paid, relating to owner- builders and speculative builders. (2) Disbursement of collected gratuities and related payroll information required of restaurants. (3) Franchise and license fee payments and computations thereto which relate to: (A) Utility service (13) Telecommunication service. (4) The validity of any claims of proof of exemption. (5) A claimed alternative prior value for reconstruction. (6) All claimed exemptions to the Use Tax imposed by Article VI of this Chapter. Page 18 of 50 EXHIBIT A TO MARA.NA RESOLUTION NO. 2016-016 2012-2014 AMENDMENTS TO THE TAX CODE OF THE TOWN OF MARANA (7) Costs used to compute the "computed charge" claimed for retail service and repair. (8) Payments of tax to the Arizona Department of Transportation and computations therefor, when amotor- vehicle transporter claims such the exemption. (9) Payments by tenants subject to the tax upon Rental Occupancy imposed by Section 8- 440. (f) Any additional documentation as the Tax Collector, by Regulation, shall deem necessary for any specific class of taxpayer by reason of the specialized business activity of specific exemptions afforded to that class of taxpayer. (g) In all cases, the books and records of the taxpayer shall indicate both individual transaction amounts and totals for each reporting period for each category of taxable, exempt, and excluded expenditures as defined by this Chapter. Sec. 8 -366. Recordkeeping: out-of -Town and out-of-State sales. (a) Out -of -Town Sales. Any person engaging or continuing in a business who claims out -of- Town sales shall maintain and keep accounting records or books indicating separately the gross income from the sales of tangible personal property from such out -of -Town branches or locations. (b) Out -of -State sales. Persons engaged in a business claiming out -of -State sales shall maintain accounting records or books indicating for each out -of -State sale the following documentation: (1) documentation of location of the buyer at the time of order placement; and (2) shipping, delivery, or freight documents showing where the buyer took delivery; and (3) documentation of intended location of use or storage of the tangible personal property sold to such buyer. Sec. 8.370. Recordkeeping: claim of exclusion, exemption, deduction, or credit; documentation; liability. (a) All deductions, exclusions, exemptions, and credits provided in this Chapter are conditional upon adequate proof and documentation of such as may be required either by this Chapter or Regulation. (b) Any person who claims and receives an exemption, deduction, exclusion, or credit to which he is not entitled under this Chapter, shall be subject to, liable for, and pay the tax on the transaction as if the vendor subject to the tax had passed the burden of the payment of the tax to the person wrongfully claiming the exemption. A person who wrongfully claimed such exemption shall be treated as if he is delinquent in the payment of the tax and shall be subject to interest and penalties upon such delinquency. However, if the tax is collected from the vendor on such transaction it shall not again be collected from the person claiming the Page 19 of 50 EXHIBIT A TO MARANA RESOLUTION NO, 2016-016 2012-2014 AMENDMENTS TO THE TAX CODE OF THE TOWN OF MARANA exemption, or if collected from the person claimin the exemption it shall not also be collected from the vendor. See. 8 Proof of exemption: sale for resale sale, rental, lease, or license of rental e A claim of purchase for resale or of purchase, rental, lease, or license for rent, lease, or license is valid onl if the evidence is sufficient to persuade a reasonabl prudent businessman that the particular item is bein ac for resale or for rental, lease, or license in the ordinar course of business. The fact that the ac person possesses a Privile License number, and makes a verbal claim of "sale for resale or lease" or "lease for re-lease" does not meet this burden and is insufficient to justif an exemption. The "reasonable evidence" must be evidence which exists objectivel and not merel in the mind of the vendor, that the propert bein ac is normall sold, rented, leased, or licensed b the ac person in the ordinar course of business. Failure to obtain such reasonable evidence at the time of the transaction will be a basis for disallowance of an claimed deduction on returns -filed for such transactions. Sec. 8-380. Inade or unsuitable records. In the event the records provided b the taxpa are considered b the Tax Collector to be inade or unsuitable to determine the amount of the tax for which such taxpa is liable under the provisions of this Chapter, it is the responsibilit of the taxpa either: (a to provide such other records re b this Chapter or Re or (b) to correct or to reconstruct his records, to the satisfaction of the Tax Collector. This chanyte also eliminates the follow in-a-Reimlatio ns, effective Januar 1, 2015: 'n-a-latil" 8 300.1. Who must apply For a lieense-. IRA L7%1 " up i0y A& 8300 0 A 0 1 Resenzed • Up R 310 1 1UAQPMrPd A'%%O %A a" %IAXX IRA %-P %f -& NY 0 -a 0 k A,1ft%eL7%1A V VIW%.&) n-avalat*an R 31fi a luesenzed 8 3.1 ( Resenzed ) ID J% MR I a t y-o ck N Q :1 r% C1 1 J2 rd L P , i oneome-. X Y31%aVz11QtVCAn IQ 3r%0.2. Reeordlieepin A .1. expenditures. 8r 3.550.3. Reeor-dik out of CALV and otyt. OAL State sales. p'n"VA R 349) 1 pra"I! • " Q010i for resale- sale rental lease wr • rental %-P & A W."m, "' t, SIAXORK-D LY"A%W JL%Y "&%� I L7"z%.,,9 -a %'AlLwasal A%, AA1%1%W1AA"%V %YJ% Pa 20 of 50 EXHIBIT A TO MARANA RESOLUTION NO. 2016-016 2012-2014 AMENDMENTS TO THE TAX CODE OF THE TOWN OF MARANA Section V. Model City Tax Code Section 8-425 is amended as follows to eliminate Local Option #MM, which will no longer be used by any city or town, effective Jul 1 2 012. New Subsection (7) is added with an effective date of September 214 2006. See. 8-425. Job printin ( a ) The tax rate shall be at an amount e to two and one-half percent (2.5%) of the g ross income from the business activit upon ever person en or continuin in the business of job printin which includes en of printin plates, embossin cop micro and photo reproduction. ( b ) The tax imposed b this Section shall not appl to: ( 1 ) job printin purchased for the purpose of resale b the purchaser in the form supplied b the job printer. ( 2 ) out-of-Town sales. (3) out-of-State sales. (4) job printin of newspapers, ma or other periodicals or publications for a person who is subject to the tax imposed b subsection 8-435 or an e excise tax provided further that said person is properl licensed b the taxin jurisdiction at the location of publication. ( 5 ) sales of job printin to a q ualif y in g hospital, q ualif y in g communit health center or a q ualif y in g health care or except when the propert sold is for use in activities resultin in g ross income from unrelated business income as that term is defined in 26 U.S.C. Section 512. (6) (Reserved) (7) SALES OF POSTAGE AND FREIGHT EXCEPT THAT THE AMOUNT DEDUCTED SHALL NOT EXCEED THE ACTUAL POSTAGE AND FREIGHT EXPENSE THAT IS PAID TO THE UNITED STATES POSTAL SERVICE OR A COMMERCIAL DELIVERY SERVICE AND THAT IS SEPARATELY ITEMIZED BY THE TAXPAYER ON THE CUSTOMER'S INVOICE AND IN THE TAXPAYER'S RECORDS. Pa 21 of 50 EXHIBIT A To MARANA RESOLUTION No., 2016 -016 2012 -2014 AMENDMENTS TO THE TAX CODE OF THE TOWN OF MARANA Section VI. Model Ci Tax Code Section 5.445 is amended as follows, with an effective date of July 1, 20130 Sec. 5-445. Rental, leasing, and licensing for use of real property. (a) The tax rate shall be at an amount equal to two and one -half percent (2.5 %) of the gross income from the business activity upon every person engaging or continuing in the business of leasing or renting real property located within the Town for a consideration, to the tenant in actual possession, or the licensing for use of real property to the final licensee located within the Town for a consideration including any improvements, rights, or interest in such property; provided further that: Payments made by the lessee to, or on behalf of, the lessor for property taxes, repairs, or improvements are considered to be part of the taxable gross income. (2) Charges for such items as telecommunications, utilities, pet fees, or maintenance are considered to be part of the taxable gross income. (3) However, if the lessor engages in telecommunication activity, as evidenced by installing individual metering equipment and by billing each tenant based upon actual usage, such activity is taxable under Section 8.470. (b) If individual utility meters have been installed for each tenant and the lessor separately charges each single tenant for the exact billing from the utility company, such charges are exempt. (c) Charges by a qualifying hospital, qualifying community health center or a qualifying health care organization to patients of such facilities for use of rooms or other real property during the course of their treatment by such facilities are exempt. (d) Charges for joint pole usage by a person engaged in the business of providing or furnishing utility or telecommunication services to another person engaged in the business of providing or furnishing utility or telecommunication services are exempt from the tax imposed by this Section. (e) (Reserved) (f) (Reserved) (g) (Reserved) (h) Except as may be provided in another Section of this Chapter, the tax prescribed by this Section shall not include gross income from the rental, leasing, or licensing of lodging or lodging space to an individual who resides therein. (i) (Reserved) (j) Exempt from the tax imposed by this Section is gross income derived from the activities taxable under Section 8 -444 of this code. Page 22 of 50 EXHIBIT A TO MARANA RESOLUTION NO. 2016-016 2012-2014 AMENDMENTS TO THE TAX CODE OF THE TOWN OF MARANA ( k ) ( Reserved ) (1) ( Reserved) ( m ) ( Reserved ) ( n ) Notwithstandin the provisions of Section 8-200(b), the fair market value of one ( 1 ) apartment, in an apartment complex provided rent free to an emplo of the apartment complex is not subject to the tax imposed b this Section. For an apartment complex with more than fift ( 50 ) units, an additional apartment provided rent free to an emplo for ever additional fift ( 50 ) units is not subject to the tax imposed b this Section. (0) Income derived from incarceratin or detainin prisoners who are under the jurisdiction of the United States, this State or an other state or a political subdivision of this State or of an other state in a privatel operated prison, jail or detention facilit is exempt from the tax imposed b this Section. (p) Char b an hospital, an licensed nursin care institution, or an kidne dial facilit to patients of such facilities for the use of rooms or other real propert durin the course of their treatment b such facilities are exempt. (q) Char to patients receivin "personal care" or "directed care", b an licensed assisted livin facilit licensed assisted livin center or licensed assisted livin home as defined and licensed pursuant to Chapter 4 Title 36 Arizona Revised Statutes and Title 9 of the Arizona Administrative Code are exempt. ( r ) Income received from the rental of an "low-income unit" as established under Section 42 of the Internal Revenue Code, includin the low-income housin credit provided b IRC Section 421, to the extent that the collection of tax on rental income causes the " rent" defined b IRC Section 42 to exceed the income limitation for the low-income unit is exempt. This exemption also applies to income received from the rental of individual rental units subject to statutor or re "low-income unit" rent restrictions similar to IRC Section 42 to the extent that the collection of tax from the tenant causes the rental receipts to exceed a rent restriction for the low-income unit. This subsection also applies to rent received b a person other than the owner or lessor of the low-income unit, includin a broker. This subsection does not appl unless a taxpa maintains the documentation to support the q ualification of a unit as a low-income unit, the " rent" limitation for the unit and the rent received from that unit. ThiQ nr_nPPPdQ nf QnLa or - gr - O QQ ingamia diariwi2d 44:am n eofflffle 1 3 A I hich-a (S) A it A cg 's _ L7 A �J %� A a V 1W %A It AL %-.- I I I %1� A W A %.41 A A IF IF A It JL %� L A )%pas: i.flA Surer or a eer -p e ratian LanQiaQ nQnl nr-Anp--f-, ta gin iQ iaupmnt JJ% %1W "A 41 "A A A A X"%~ 16A, V60P%J I F %J A "L A %J 1 9 A �7 WZXWS A A F F­ fZnr_ th ptjff3() ofthiQ nPr-Pcxr-nnh- a %is %�& 1%.0 �_7%01LJ Nix %.Illu 1 JL41L& b 1" F 1J. "AMI;ntiacl eefperatien" means a eer -pnrAtipsa thnt Z ILL I ZAZL-LL%W%�4 W "LA%JAA A %J a A %.I JM44. MeetS Effle 0 if t xhl %00 fKA%J1 ] A 1 "w E)f e antr-piliq At IaAQt iaighbi niar oiQnt Afflaia 1QQrA 6 M.F.-IRTM. 1 M ii" 6EP TA 6 Wa's Pa 23 of 50 EXHIBIT A TO MARANA RESOLUTION NO. 2016-016 2012-2014 AMENDMENTS TO THE TAX CODE OF THE TOWN OF MARANA Thia cor iQ cat LQAQt laightAl Ma eent eouneii or eentredled hyr 51 eE)FpO rntiAn thpit ti]Q IQ I L4 L I %J A A L A A LL 1, 1L4 I .Y %-I E)WnS Of! A" S t ILI ty per eent-of the lesson 4 IA FIX %.IXJI%0%49 %_1 e0r iaiahty per e e n t 0, 1 0V In eo %d of ! een trAlliad hi i n A A 21W 1W LL L A %J I A 41 .Y L46L L' %./ &&1 116 F %0 1 7 IL4 eor -p e r-Atii4n thnt iQ At LQaiQt ia,'- aht3i 1 n P_ r eent 031 A An tad er- control I ed 631, A %.If A 'APA l vnstir-eF. sail cpuniarchin And eE)ntfo Arp ilatiarm;nod hu A W A rpfiarpnPwa, tg4 thia :111:%tina QhV1nQQ Af a e T oratione %ex WK a WW I&W 161 a %0 V %�f 16 A I A 5 �y A a qL41 %0 L-7 W A L4 W E) r "UppinvnP.Al insurew" has the safne mean' (3) 'L%1%V%fAFAW%.FL4j[ JLAX%.7%1*X%01X. 11%41�7 Slik's YAW6,71WA JLWW%.& AAA A THE GROSS PROCEEDS OF A COMMERCIAL LEASE OF REAL PROPERTY BETWEEN AFFILIATED COMPANIES., BUSINESSES., PERSONS OR RECIPROCAL fNSURERS ARE EXEMPT. FOR THE PURPOSES OF THIS PARAGRAPH: Q) "AFFILIATED COMPANIES, BUSINESSES, PERSONS OR RECIPROCAL INSURERS" MEANS THE LESSOR HOLDS A CONTROLLING INTEREST IN THE LESSEE, THE LESSEE HOLDS A CONTROLLING INTEREST IN THE L ESSOR, AN AFFILIATED ENTITY HOLDS A CONTROLLING INTEREST IN .130TH THE LESSOR AND THE LESSEE OR AN UNRELATED PERSON HOLDS A CONTROLLING INTEREST IN BOTH THE LESSOR AND LESSEE. "CONTROLLING INTEREST" MEANS DIRECT OR INDIRECT OWNERSHIP OF AT LEAST EIGHTY PER CENT OF THE VOTING SHARES OF A CORPORATION OR OF THE INTERESTS IN A COMPANY, BUSINESS OR PERSON OTHER THAN A CORPORATION. "RECIPROCAL INSURER" HAS THE SAME MEANING AS PRESCRIBED IN A.R.S. SECTION 20-762. Section V11. Model City Tax Code Section 8-450 is amended as follows, with an effective date of September 1, 2 044. Sec. 8 Rental, leasin and licensin for use of tan personal propert (a) The tax rate shall be at an amount e to two and one-half percent (2.5%) of the g ross income from the business activit upon ever person en or continuin in the business of leasin licensin for use, or rentin tan personal propert for a consideration, includin that which is semi-permanentl or permanentl installed within the Town as provided b Re (b) Special provisions relatin to long-term motor vehicle leases. A lease transaction involvin a motor vehicle for a minimum period of twent (24) months shall be considered to have Pa 24 of 50 EXHIBIT A TO MARANA RESOLUTION NO. 2016-016 2012 -2014 AMENDMENTS TO THE TAX CODE OF THE TOWN OF MARANA occurred at the location of the motor vehicle dealership, rather than the location of the place of business of the lessor, even if the lessor's interest in the lease and its proceeds are sold, transferred, or otherwise assigned to a lease financing institution; provided further that the city or town where such motor vehicle dealership is located levies a Privilege Tax or all equivalent excise tax upon the transaction. (c) Gross income derived from the following transactions shall be exempt from Privilege Taxes imposed by this Section: (1) rental, leasing, or licensing for use of tangible personal property to persons engaged or continuing in the business of leasing, licensing for use, or rental of such property. (2) rental, leasing, or licensing for use of tangible personal property that is semi- permanently or permanently installed within another city or town that levies all equivalent excise tax on the transaction. (3) rental, leasing, or licensing for use of film, tape, or slides to a theater or other person taxed under Section 5 -410, or to a radio station, television station, or subscription television system, (4) rental, leasing, or licensing for use of the following: (A) prosthetics. ( income -- producing capital equipment. (C) mining and metallurgical supplies. These exemptions include the rental, leasing, or licensing for use of tangible personal property which, if it had been purchased instead of leased, rented, or 1 icellsed by the lessee or licensee, would qualify as income- producing capital equipment or mining and metallurgical supplies. (5) rental, leasing, or licensing for use of tangible personal property to a qualifying hospital, qualifying community health center or a qualifying health care organization, except when the property so rented, leased, or licensed is for use ill activities resulting in gross income from unrelated business income as that tertln is defined in 26 U.S.C. Section 512 or rental, leasing, or licensing for use of tangible personal property in this State by a nonprofit charitable organization that has qualified under Section 501(c)(3) of the United States Internal Revenue Code and that engages in and uses such property exclusively for training, job placement or rehabilitation programs or testing for mentally or physically handicapped persons. (6) separately billed charges for delivery, installation, repair, and/or maintenance as provided by Regulation. (7) charges for joint pole usage by a person engaged in the business of providing or furnishing utility or telecommunication services to another person engaged in the business of providing or furnishing utility or telecommunication services. Page 25 of 50 EXHIBIT A TO MARANA RESOLUTION NO, 2016-016 2012-2014 AMENDMENTS TO THE TAX CODE OF THE TOWN OF MARANA (8) the g ross income from coin-operated washin dr and dr cleanin machines, or from coin-operated car washin machines. This exemption shall not appl to suppliers or distributors rentin leasin or licensin for use Of Such e to persons en in the operation of coin-operated washin dr dr cleanin or car washin establishments. (9) rental, leasin or licensin of aircraft that Would q ualif y as aircraft ac for use outside the State,, as prescribed b Re if such rental, leasin or licensin had been a sale. (10) rental, leasin and licensin for use of an alternative fuel vehicle if Such vehicle was manufactured as a diesel fuel vehicle and converted to operate oil alternative fuel and e that is installed in a conventional diesel fuel motor vehicle to convert the vehicle to operate oil an alternative fuel, as defined in A.R.S. Section 1-215. (1 1) rental, leasin and licensin for use of solar ener devices, for taxable periods be from and after Jul 1, 2008. The lessor shall re with the department of revenue as a solar ener retailer. B re the lessor acknowled that it will make its books and records relatin to leases of solar ener devices available to the Department of Revenue and Town, as applicable, for examination. (12) LEASING OR RENTING CERTIFIED IGNITION INTERLOCK DEVICES INSTALLED PURSUANT TO THE RE PRESCRIBED BY A.R.S. SECTION 28 -1461. FOR THE PURPOSES OF THIS PARAGRAPH., "CERTIFIED IGNITION INTERLOCK DEVICE" HAS THE SAME MEANING PRESCRIBED IN A.R.S. SECTION 28-1301. Section V111. Model Cit_y_Tax Code Section 8-460 is amended as follows with an effective date of October I See. 8-460. Retail sales: measure of tax; burden of proof exclusions. (a) The tax rate shall be at an amount e to two and one-half percent (2.5%) of the g ross income from the business activit upon ever person en or continuin in the business of sellin tan personal propert at retail. ( b ) The burden of provin that a sale of tan personal propert is not a taxable retail sale shall be upon the person who made the sale. (c) Exclusions. For the purposes of this Chapter, sales of tan personal propert shall not include: (1) sales of stocks, bonds,, options, or other similar materials. Pa 26 of 50 EXHIBIT A TO MARANA RESOLUTION NO. 2016-016 2012 -2014 AMENDMENTS To THE TAX. CODE OF THE TOWN OF MARANA (2) sales of lottery tickets or shares pursuant to Article I, Chapter 5, Title 5, Arizona Revised Statutes. (3) sales of platinum, bullion, or monetized bullion, except minted or manufactured coins transferred or acquired primarily for their numismatic Value as prescribed by Regulation. (4) gross income derived from the transfer of tangible personal property which is specifically included as the gross income of a business activity upon which another Section of this Article imposes a tax, shall be considered gross income of that business activity, and are not includable as gross income subject to the tax imposed by this Section. (5) sales by professional or personal service occupations where such sales are inconsequential elements of the service provided. 6) SALES OF CASH EQUIVALENTS. THE GROSS PROCEEDS OF SALES OR GROSS INCOME DERIVED FROM THE REDEMPTION OF ANY CASH EQUIVALENT BY THE HOLDER AS A MEANS OF PAYMENT FOR GOODS OR SERVICES THAT ARE TAXABLE UNDER THIS ARTICLE IS SUBJECT TO THE TAX. "CASH EQUIVALENTS" MEANS ITEMS OR INTANGIBLES WHETHER. OR NOT NEGOTIABLE, THAT ARE SOLD TO ONE OR MORE PERSONS THROUGH WHICH A VALUE DENOMINATED IN MONEY IS PURCHASED IN ADVANCE AND MAY BE REDEEMED IN FULL OR IN PART FOR TANGIBLE PERSONAL PROPERTY, INTANGIBLES OR SERVICES. CASH EQUIVALENTS INCLUDE GIFT CARDS, STORED VALUE CARDS, GIFT CERTIFICATES, VOUCHERS, TRAVELER'S CHECKS, MONEY ORDERS OR OTHER INSTRUMENTS, ORDERS OR ELECTRONIC MECHANISMS SUCH AS AN ELECTRONIC CODE PERSONAL IDENTIFICATION NUMBER OR DIGITAL PAYMENT MECHANISM OR ANY OTHER PREPAID INTANGIBLE RIGHT TO ACQUIRE TANGIBLE PERSONAL PROPERTY INTANGIBLES OR SERVICES IN THE FUTURE WHETHER FROM THE SELLER OF THE CASH EQUIVALENT OR FROM ANOTHER PERSON. CASH EQUIVALENTS DO NOT INCLUDE EITHER OF THE FOLLOWING: ( A) ITEMS OR INTANGIBLES THAT ARE SOLD To ONE OR MORE PERSONS, THROUGH WHICH A VALUE IS NOT DENOMINATED IN MONEY. (B) PREPAID CALLING CARDS OR PREPAID AUTHORIZATION NUMBERS FOR TELECOMMUNICATIONS SERVICES MADE TAXABLE BY SUBSECTION (R,) OF THIS SECTION. (d) Notwithstanding the provisions of subsection (a) above, when the gross income from the sale of a single item of tangible personal property exceeds five thousand dollars ($5,000), the two Page 27 of 50 EXHIBIT A TO MARANA RESOLUTION NO. 2016-016 2012 -2014 AMENDMENTS TO THE TAX CODE OF THE TOWN OF MARANA and one -half percent (2.5 %) tax rate shall apply to the first $5,000. Above $5,000, the measure of tax shall be at a rate of two percent (2 %). (e) when this Town and another Arizona city or town with an equivalent excise tax could claim nexus for taxing a retail sale, the city or town where the permanent business location of the seller at which the order was received shall be deemed to have precedence, and for the purposes of this Chapter such city or town has sole and exclusive right to such tax. (f) The appropriate tax liability for any retail sale where the order is received at a permanent business location of the seller located in this Town or in an Arizona city or town that levies an equivalent excise tax shall be at the tax rate of the city or town of such seller's location. (g) Retail sales of prepaid calling cards or prepaid authorization numbers for telecommunications services, including sales of reauthorization of a prepaid card or authorization number, are subject to tax under this Section. Section IX. Model City Tax Code Section 8 -462 is added as follows with an effective date of July 1, 20130 SEC. 8 -462. RETAIL SALES: FOOD FOR HOME CONSUMPTION. a THE TAX RATE SHALL BE AT AN AMOUNT EQUAL TO ZERO PERCENT 0% OF THE GROSS INCOME FROM THE BUSINESS ACTIVITY UPON EVERY PERSON ENGAGING OR CONTINUING IN THE BUSINESS OF SELLING FOOD FOR HOME CONSUMPTION AT RETAIL. b) FOR THE PURPOSES OF THIS SECTION ONLY, THE FOLLOWING DEFINITIONS SHALL BE APPLICABLE: 1 } "ELIGIBLE GROCERY BUSINESS" MEANS AN ESTABLISHMENT WHOSE SALES OF FOOD ARE SUCH THAT IT IS ELIGIBLE TO PARTICIPATE IN THE FOOD STAMP PROGRAM ESTABLISHED BY THE FOOD STAMP ACT OF 1977 P.L. 95 -113; 91 STAT. 958.7 U.S.C. SECTION 2011 ET SEQ.), ACCORDING TO REGULATIONS IN EFFECT ON JANUARY 1 1979. AN ESTABLISHMENT IS DEEMED ELIGIBLE TO PARTICIPATE IN THE FOOD STAMP PROGRAM IF IT IS AUTHORIZED TO PARTICIPATE IN THE PROGRAM BY THE UNITED STATES DEPARTMENT OF AGRICULTURE FOOD AND NUTRITION SERVICE FIELD OFFICE ON THE EFFECTIVE DATE OF THIS SECTION OR IF. PRIOR TO A REPORTING PERIOD FOR WHICH THE RETURN IS FILED SUCH RETAILER PROVES TO THE SATISFACTION OF THE TAX COLLECTOR THAT THE ESTABLISHMENT BASED ON THE NATURE OF THE RETAILER'S FOOD SALES, COULD BE ELIGIBLE TO PARTICIPATE IN THE FOOD STAMP PROGRAM Page 28 of 50 EXHIBIT A To MARANA RESOLUTION No. 2016 -016 2012 -2014 AMENDMEN'T'S TO THE TAX CODE OF THE TOWN OF MARANA ESTABLISHED BY THE FOOD STAMP ACT OF 1977 ACCORDING TO REGULATIONS IN EFFECT ON JANUARY 1, 1979. "FACILITIES FOR THE CONSUMPTION OF FOOD " MEANS TABLES CHAIRS BENCHES BOOTHS STOOLS COUNTERS AND SIMILAR CONVENIENCES TRAYS GLASSES DISHES OR OTHER TABLEWARE AND PARKING ARE FOR THE CONVENIENCE OF IN --CAR CONSUMPTION OF FOOD IN OR ON THE PREMISES ON WHICH THE RETAILER. CONDUCTS BUSINESS. 3) "FOOD FOR CONSUMPTION ON THE PREMISES" MEANS ANY OF THE A) "HOT PREPARED FOOD" AS DEFINED BELOW. B) HOT OR COLD SANDWICHES. Cl FOOD SERVED BY AN ATTENDANT TO BE EATEN AT TABLES CHAIRS BENCHES BOOTHS STOOLS COUNTERS AND SIMILAR CONVENIENCES AND WITHIN PARKING AREAS FOR THE CONVENIENCE OF IN -CAR CONSUMPTION OF FOOD. D FOOD SERVED WITH TRAYS GLASSES DISHES OR OTHER 'FA DY CAll ADD E) BEVERAGES SOLD IN CUPS, GLASSES, OR OPEN CONTAINERS. FOOD SOLD BY CATERERS. ( G) FOOD SOLD WITHIN THE PREMISES OF THEATRES MOVIES OPERAS, SHOWS OF ANY TYPE OR NATURE, EXHIBITIONS, CONCERTS CARNIVALS CIRCUSES AMUSEMENT PARKS FAIRS RACES, CONTESTS, GAMES, ATHLETIC EVENTS, RODEOS, BILLIARD AND POOL PARLORS, BOWLING ALLEYS, PUBLIC DANCES, DANCE HALLS BOXING, WRESTLING AND OTHER MATCHES, AND ANY BUSINESS WHICH CHARGES ADMISSION, ENTRANCE OR COVER FEES FOR EXHIBITION AMUSEMENT ENTERTAINMENT OR INSTRUCTION. (H) ANY ITEMS CONTAINED IN SUBSECTIONS (A)(3)(A) THROUGH (G) ABOVE EVEN THOUGH THEY ARE SOLD ON A "TAKE-OUT" OR "TO GO" BASIS, AND WHETHER OR NOT THE ITEM IS PACKAGED, WRAPPED. OR IS ACTUALLY TAKEN FROM THE PREMISES. 4) " "HOT PREPARED FOOD'" MEANS T140SE PRODUCTS, ITEM OR INGREDIENTS OF FOOD WHICH ARE PREPARED AND INTENDED FOR CONSUMPTION IN A HEATED CONDITION. "HOT PREPARED FOOD " INCLUDES A COMBINATION OF HOT AND COLD FOOD ITEMS OR INGREDIENTS IF A SINGLE PRICE HAS BEEN ESTABLISHED. Page 29 of 50 EXHIBIT A TO MARANA RESOLUTION N0.2016 -016 2012 -2014 AMENDMENTS TO THE TAX CODE OF THE TOWN OF MARANA 5) "PREMISES" MEANS THE TOTAL SPACE AND FACILITIES IN OR ON WHICH A VENDOR CONDUCTS BUSINESS AND WHICH ARE OWNED OR CONTROLLED, IN WHOLE OR IN PART, BY A VENDOR OR WHICH ARE MADE AVAILABLE FOR THE USE OF CUSTOMERS OF THE VENDOR OR GROUP OF VENDORS, INCLUDING ANY BUILDING OR PART OF A BUILDING. PARKING LOT. OR GROUNDS. "FOOD FOR HOME CONSUMPTION" MEANS ALL FOOD EXCEPT FOOD FOR CONSUMPTION ON THE PREMISES, IF SOLD BY ANY OF THE 1pnI I nVAI C.- A) AN ELIGIBLE GROCERY BUSINESS. B A PERSON WHO CONDUCTS A BUSINESS WHOSE PRIMARY BUSINESS IS NOT THE SALE OF FOOD BUT WHO SELLS FOOD WHICH IS DISPLAYED] PACKAGED AND SOLD IN A SIMILAR MANNER AS AN ELIGIBLE GROCERY BUSINESS. C A PERSON WHO SELLS FOOD AND DOES NOT PROVIDE OR MADE AVAILABLE ANY FACILITIES FOR THE CONSUMPTION OF FOOD ON THE PREMISES. D A PERSON WHO CONDUCTS A DELICATESSEN BUSINESS EITHER FROM A COUNTER. WHICH IS SEPARATE FROM THE PLACE AND CASH REGISTER WHERE TAXABLE SALES ARE MADE OR FROM A COUNTER WHICH HAS TWO CASH REGISTERS AND 'WHICH ARE USED TO RECORD TAXABLE AND TAX EXEMPT SALES, OR A RETAILER WHO CONDUCTS A DELICATESSEN BUSINESS WHO USES A CASH REGISTER 'WHICH HAS AT LEAST TWO TAX COMPUTING KEYS WHICH ARE USED TO RECORD TAXABLE AND TAX EXEMPT SALES. (E) VENDING MACHINES AND OTHER TYPES OF AUTOMATIC UPTAII FRC F) A PERSON'S SALES OF FOOD, DRINK AND CONDIMENT FOR CONSUMPTION WITHIN THE PREMISES OF ANY PRISON JAIL OR OTHER INSTITUTION UNDER THE JURISDICTION OF THE STATE DEPARTMENT OF CORRECTIONS THE DEPARTMENT OF PUBLIC SAFETY. THE DEPARTMENT OF JUVENILE CORRECTIONS OR A COUNTY SHERIFF. c) INCOME DERIVED FROM THE FOLLOWING SOURCES IS EXEMPT FROM THE TAX IMPOSED BY THIS SECTION: l SALES OF FOOD FOR HOME CONSUMPTION TO A PERSON REGULARLY ENGAGED IN THE BUSINESS OF SELLING SUCH PROPERTY, Page 30 of 50 EXHIBIT A TO MARANA RESOLUTION NO, 2016 -016 2012 -2014 AMENDMENTS TO THE TAX CODE OF THE TOWN OF MARANA 2) OUT -OF -TOWN SALES OR OUT -OF -STATE SALES. '3 CHARGES FOR DELIVERY OR OTHER "DIRECT CUSTOMER SERVICES"' AS PRESCRIBED BY REGULATION. 4 FOOD PURCHASED WITH FOOD STAMPS PROVIDED THROUGH THE FOOD STAMP PROGRAM ESTABLISHED BY THE FOOD STAMP ACT OF 1977 (P.L. 95 -113; 91 STAT. 958.7 U.S.C. SECTION 2011 ET SEQ.) R PURCHASED WITH FOOD INSTRUMENTS ISSUED UNDER SECTION 17 OF THE CHILI] NUTRITION ACT P.L. 95-627 STAT. 3603; AND P.L. 99 -+��9 SECTION 4302; 42 UNITED STATES CODE SECTION 1786 BUT ONLY TO THE EXTENT THAT FOOD STAMPS OR FOOD IN STRU INTENTS WERE ACTUALLY USED TO PURCHASE SUCH FOOD. 5 SALES OF FOOD PRODUCTS BY PRODUCERS AS PROVIDED FOR BY A.R.S. SECTIONS 3-561,3-562 AND 3 -563. 6 SALES OF FOOD BEVERAGES CONDIMENTS AND ACCESSORIES TO A PUBLIC EDUCATIONAL ENTITY. PURSUANT TO ANY OF THE PROVISIONS OF TITLE 15, ARIZONA REVISED STATUTES, INCLUDING A REGULARLY ORGANIZED PRIVATE OR PAROCHIAL SCHOOL THAT OFFERS AN EDUCATIONAL PROGRAM FOR GRADE TWELVE OR UNDER WHICH MAY BE ATTENDED IN SUBSTITUTION FOR A PUBLIC SCHOOL PURSUANT TO A.R.S. 15-802; TO THE EXTENT SUCH ITEMS ARE TO BE PREPARED OR SERVED TO INDIVIDUALS FOR CONSUMPTION ON THE PREMISES OF A PUBLIC EDUCATIONAL ENTITY DURING SCHOOL HOURS. FOR THE PURPOSES OF THIS SUBSECTION, "ACCESSORIES" MEANS PAPER PLATES PLASTIC EATING UTENSILS NAPKINS PAPER CUPS DRINKING STRAWS PAPER SACKS OR OTHER DISPOSABLE CONTAINERS OR OTHER. ITEMS WHICH FACILITATE THE CONSUMPTION OF THE FOOD. 7 SALES OF FOOD, BEVERAGES, CONDIMENTS AND ACCESSORIES TO A NONPROFIT CHARITABLE ORGANIZATION THAT HAS UALIFIED AS AN EXEMPT ORGANIZATION UNDER 26 U.S.C. SECTION 501 CI(3 AND REGULARLY SERVES MEALS TO THE NEEDY AND INDIGENT ON A CONTINUING BASIS AT NO COST. FOR THE PURPOSES OF THIS SUBSECTION "ACCESSORIES" MEANS PAPER PLATES PLA EATING UTENSILS, NAPKINS, PAPER Cu PS, DRINKING STRA'W'S, PAPER SACKS OR OTHER DISPOSABLE CONTAINERS,_ OR OTHER ITEMS WHICH FACILITATE THE CONSUMPTION OF THE FOOD. �d REPORTING. SUCH PERSONS WHO SELL FOOD FOR HOME CONSUMPTION SHALL, IN CONJUNCTION WITH THE RETURN REQUIRED PURSUANT TO SECTION 8 -520, REPORT TO THE TAX COLLECTOR IN A _M ANNER PRESCRIBED Page 31 of 50 EXHIBIT A TO MARANA RESOLUTION NO. 20145 --01. G 2012 -2014 AMENDMENTS TO THE TAX CODE IMF THE TOWN CAF MARANA BY THE TAX COLLECTOR ALL SALES OF FOOD FOR HOME CONSUMPTION EXEMPTED FROM TAXES IMPOSED BY THIS CHAPTER. (e) RECORDKEEPING. (1) RETAILERS SHALL MAINTAIN ACCURATE VERIFIABLE AND COMPLETE RECORDS OF ALL PURCHASES AND SALES OF TANGIBLE PERSONAL PROPERTY IN ORDER To VERIFY EXEMPTIONS FROM TAXES IMPOSED BY THIS CHAPTER. A RETAILER MAY USE ANY METHOD OF REPORTING THAT PROPERLY REFLECTS ALL PURCHASES AND SALES OF FOOD FOR HOME CONSUMPTION, AS WELL AS ALL PURCHASES AND SALES OF ITEMS SUBJECT TO TAXES IMPOSED BY THIS CHAPTER PROVIDED THAT SUCH RECORDS ARE MAINTAINED IN ACCORDANCE WITH ARTICLE III, AND REGULATIONS OF THE TAX COLLECTOR. (2) ANY PERSON WHO FAILS To MAINTAIN RECORDS AS PROVIDED HEREIN SHALL BE DEEMED To HAVE HAD NO SALES OF FOOD FOR HOME CONSUMPTION, AND IF UPON REQUEST BY THE TAX COLLECTOR A PERSON CANNOT DEMONSTRATE To THE TAX COLLECTOR THAT SUCH RECORDS AND REPORTS DO PROPERLY REFLECT ALL SALES OF FOOD FOR HOME CONSUMPTION, THE _TAX COLLECTOR MAY RECOMPUTE THE AMOUNT OF TAX TO BE PAID AS PROVIDED IN SECTIONS 8 -370 AND 8- 545(B). Section X. Model City Tax Code Section 8 -465 is amended as follows. All than es are effective July 1 2013 except new subsection mm which is effective January 1 2007. Sec. 8 -465. Retail sales: exemptions. Income derived from the -allowing sources is exempt from the tax irnposed by Section 8 -464: (a) sales of tangible personal property to a person regularly engaged in the br.rsiness of selling such property. (b) oLrt -of =Town sales or oUt -of- -State sales. (c) charges for delivery, installation, or other direct cLrstorner services as prescribed by Regulation. (d) charges for repair services as prescribed by Rego 1 ation, when separately charged and separately maintained in the books and records of the taxpayer. (e) sales of warranty, rnaintenance, and service contracts, when separately charged and separately rnaintained iri the books and records of the taxpayer. Page 32 of 50 EXHIBIT A TO MARANA RESOLUTION NO. 2016- 016 2012 -2014 AMENDMENTS TO THE TAX CODE OF THE TOWN OF MARANA (f) sales of prosthetics. (g) sales of income - producing capital equipment. (h) sales of rental equipment and rental supplies. (i) sales of mining and metallurgical supplies. (j} sales of motor vehicle fuel and use fuel which are subject to a tax imposed under the provisions of Article I or II, Chapter 16, Title 28, Arizona Revised Statutes; or sales of use fuel to a holder of a valid single trip use fuel tax permit issued under A.R.S. Section 25 -5739, or sales of natural gas or liquefied petroleum gas used to propel a motor vehicle. (k) sales of tangible personal property to a construction contractor who holds a valid Privilege Tax License for engaging or continuing in the business of construction contracting where the tangible personal property sold is incorporated into any structure or improvement to real property as part of construction contracting activity. (l) sales of motor vehicles to nonresidents of this State for use outside this State if the vendor ships or delivers the motor vehicle to a destination outside this State. (m) sales of tangible personal property which directly enters into and becornes an ingredient or component part of a product sold in the regular course of the business of job printing, manufacturing, or publication of newspapers, magazines, or other periodicals. Tangible personal property which is consumed or used up in a manufacturing, job printing, publishing, or production process is not an ingredient nor component part of a product. (n) sales made directly to the Federal government to the extent of: (1) one hundred percent (100 %) of the gross income derived from retail sales made by a manufacturer, modifier, assembler, or repairer. (2) fifty percent (50 %) of the gross income derived from retail sales made by any other person. (o) sales to hotels, bars, restaurants, dining cars, lunchrooms, boarding houses, or similar establishments of articles consumed as food, drink, or condiment, whether simple, mixed, or compounded, where such articles are customarily prepared or served to patrons for consumption on or off the premises, where the purchaser is properly licensed and paying a tax under Section 5 --455 or the equivalent excise tax upon such income. (p) sales of tangible personal property to a qualifying hospital, qualifying community health center or a qualifying health care organization, except when the property sold is for use in activities resulting in gross income from unrelated business income as that term is defined in 26 U.S.C. Section 512 or sales of tangible personal property purchased in this State by a nonprofit charitable organization that has qualified under Section 501(c)(3) of the United States Internal Revenue Code and that engages in and uses such property exclusively for training, job placement or rehabilitation programs or testing for mentally or physically handicapped persons. Page 33 of 50 EXHIBIT A TO MARANARES0(L0TI0NN NO. 2016-016 2012-2014 AMENDMENTS TO THE TAXCODEOFTHETOWNOFMARANA (o) hi (Reserved) ( ( [D (3) ` ' ` Re ' (s sales of groundwater nmemsur(ngdevicea required by A.R.S. Section 45-604- A) (Reserved) (u) sales o[ aircraft acquired for Use out idetho State, as prescribed by Regulation. (v) sales of food products hy producers as provided for by/\.;l.S.Sections 3'58],3-562 and 3' 563. (w) (Reserved) `' ` ' OF FOOD AND DRINK TO A PERSON WHO IS ENGAGED IN BUSINESS THAT IS CLASSIFIED UNDER THE RESTAURANT CLASSIFICATION AND THAT PROVIDES SUCH FOOD AND DRINK WITHOUT MONETARY CHARGE TO ITS EMPLOYEES FOR THEIR OWN CONSUMPTION ON THE PREMISES DURING SUCH EMPLOYEES'HOURS OF EMPLOYMENT. h@ (Reserved) (o) (Reserved) (um) the mn|c of tangible personal property used in rcxnoJio1(on contracting osdcfined in Section 0' |00 and Regulation 0-|O0.5. (bb) sales of materials that are purchased by or [br publicly funded libraries including school district libraries', charter school libraries, oommuoiLyco\lege libraries, state un(versiLy libraries or federal, state, county or municipal libraries [br use by the public as follows: ( printed orphotographic materials. (2) electronic or digital nned(omaterials. (cc) sales o[ food, beverages, condiments and accessories used for serving food and beverages too commercial airline, as dcUnu] in A.R.S. Section 42-5061 (A)(49), that serves the food and beverages 10 its passengers, Without additional charge, for consumption in flight. For the Purposes Of this Subsection, "accessories" rneans paper plates, plastic eating utensils, napkins, paper Cups, drinking straws, paper sacks or otlier disposable containers, or other items which facilitate iheuonsunm[t|on of the food. (dd) in conmpuiing the tax base in the ooae of the sale or transfer ofwireless b:\ecommuuion1ioo equipment as an inducement to o ouy1omcr 10 enter into or cmntinuc o contract for Pa 34 of 50 EXHIBIT A TO MARANA RESOLUTION NO. 2016-016 2012-2014 AMENDMENTS TO THE TAX CODE OF THE TOWN OF MARANA te lecomIll Lill ication services that are taxable under Section 8-470, g ross proceeds of sales or g ross income does not inClUde an sales commissions or other compensation received b the retailer as a reSLIlt of the Customer enterin into or continuin a contract for the telecomi-nUnications services. ( ee ) for the purposes of this Section, a sale of wireless telecommunication e to a person who holds the e for sale or transfer to a customer as an inducement to enter into or continue a contract for telecomInI.Mication services that are taxable under Section 8-470 is considered to be a sale for resale in the re course of business. ( ff sales of alternative fuel as defined in A.R.S. Section 1-215, to a used oil fuel burner who has received a Department of Environmental Q ualit y permit to burn used oil or used oil fuel under A.R.S. Section 49-426 or Section 49-480. sales of food, bevera condiments and accessories to a public educational entit pursuant to an of the provisions of Title 15, Arizona Revised Statutes, INCLUDING A REGULARLY ORGANIZED PRIVATE OR PAROCHIAL SCHOOL THAT OFFERS AN EDUCATIONAL PROGRAM FOR GRADE TWELVE OR UNDER WHICH MAY BE ATTENDED IN SUBSTITUTION FOR A PUBLIC SCHOOL PURSUANT TO A.R.S. 15- 802; to the extent Such items are to be prepared or served to individuals for consumption Oil the premises of a public educational entit durin SC11001 hours. For the put-poses of this subsection, "accessories" means paper plates, plastic eatin utensils, napkins, paper CLI drinkin straws, paper sacks or other disposable containers, or other items which facilitate the consumption of the food. (lih) sales of personal h items to a person en in the business of and Subject to tax Linder Section 8-444 of this code if the tan personal propert is furnished without additional char to and intended to be COIISLit-ned b the person &II•in his occupanc (ii} for the purposes of this Section, the diversion of g as fi•om a pipeline b a person en in the business of operatin a natural or artificial g as pipeline, for the sole purpose of fuelin compressor e to pressurize the pipeline, is not a sale of the g as to the operator of the pipeline. 6j) sales of food, bevera condiments and accessories to a nonprofit charitable or that has q ualified as an exempt or Linder 26 U.S.C. Section 501(c }(3} and re serves meals to the need and indi on a Continuin basis at no cost. For the purposes of this Subsection, "accessories" means paper plates, plastic eatin utensils, napkins, paper cups, drinkin straws, paper sacks or other disposable containers, or other items which facilitate the consumption of the food. (kk) sales of motor vehicles that use alternative fuel if Such vehicle was manufactured as a diesel fuel vehicle and converted to operate on alternative fuel and sales of e that is installed in a conventional diesel fuel motor vehicle to convert the vehicle to operate on an alternative fuel, as defined in A.R.S. Section 1-215. Pa 35 of 50 EXHIBIT A To MARANA RESOLUTION NO, 2016 -016 2012 -2014 AMENDMENTS To THE TAX CODE OF THE T[)WN OF MARANA 1 l� sales of solar energy devices, for taxable periods beginning from and after July 1, 2008. The retailer shall register with the department of revenue as a solar energy retailer. By registering, the retailer acknowledges that it will make its books and records relating to sales of solar energy devices available to the department of revenue and Town, as applicable, for examination. MM SALES OR OTHER TRANSFERS OF RENEWABLE ENERGY CREDITS OR ANY OTHER UNIT CREATED TO TRACK ENERGY DERIVED FROM RENEWABLE ENERGY RESOURCES. FOR THE PURPOSES OF THIS PARAGRAPH "RENEWABLE ENERGY CREDIT" MEANS A UNIT CREATED ADMINISTRATIVELY BY THE CORPORATION COMMISSION OR GOVERNING BODY OF A PUBLIC POWER UTILITY TO TRACK KILOWATT HOURS OF ELECTRICITY DERIVED FROM A RENEWABLE ENERGY RESOURCE OR THE KILOWATT HOUR EQUIVALENT OF CONVENTIONAL ENERGY RESOURCES DISPLACED BY DISTRIBUTED RENEWABLE ENERGY RESOURCES. NN SALES OF MAGAZINES OR OTHER PERIODICALS OR OTHER PUBLICATIONS BY THIS STATE TO ENCOURAGE TOURIST TRAVEL. SALES OF PAPER MACHINE CLOTHING SUCH AS FORMING FABRICS AND DRYER FELTS SOLD TO A PAPER MANUFACTURER AND DIRECTLY USED OR CONSUMED IN PAPER MANUFACTURING. SALES OF OVERHEAD MATERIALS OR OTHER TANGIBLE PERSONAL PROPERTY THAT IS USED IN PERFORMING A CONTRACT BETWEEN THE UNITED STATES GOVERNMENT AND A MANUFACTURER. MODIFIER ASSEMBLER OR REPAIRER, INCLUDING PROPERTY USED IN PERFORMING A SUBCONTRACT WITH A GOVERNMENT CONTRACTOR WHO IS A MANUFACTURER, MODIFIER., ASSEMBLER OR REPAIRER, TO WHICH TITLE PASSES TO THE GOVERNMENT UNDER THE TERMS OF THE CONTRACT OR SUBCONTRACT. Q SALES OF COAL. PETROLEUM COKE,, NATURAL GAS VIRGIN FUEL OIL AND ELECTRICITY SOLD TO A QUALIFIED ENVIRONMENTAL TECHNOLOGY MANUFACTURER, PRODUCER OR PROCESSOR AS DEFINED IN A.R.S. SECTION 41- 1514.02 AND DIRECTLY USED OR CONSUMED IN THE GENERATION OR PROVISION OF ON -SITE POWER OR ENERGY SOLELY FOR ENVIRONMENTAL TECHNOLOGY MANUFACTURING PRODUCING OR PROCESSING OR ENVIRONMENTAL PROTECTION. THIS PARAGRAPH SHALL APPLY FOR TWENTY FULL CONSECUTIVE CALENDAR OR FISCAL YEARS FROM THE DATE THE FIRST PAPER MANUFACTURING MACHINE IS PLACED IN SERVICE. IN THE CASE OF AN ENVIRONMENTAL TECHNOLOGY MANUFACTURER PRODUCER OR PROCESSOR WHO DOES NOT MANUFACTURE PAPER THE TIME PERIOD SHALL BEGIN WITH THE DATE THE FIRST MANUFACTURING, PROCESSING OR PRODUCTION EQUIPMENT IS PLACED IN SERVICE. Page 36 of 50 EXHIBIT Al[O MARANA RESOLUTION NO. 2016-016 2012-2014 AMENDMENTS TO THE TAX CODE OF THE TOWN OF MARANA SALES OR GROSS INCOME DERIVED FROM SALES OF MACHINE EQUIPMENT, MATERIALS AND OTHER TANGIBLE PERSONAL PROPERTY USED DIRECTLY AND PREDOMINANTLY TO CONSTRUCT A--_-_QUALIFIED ENVIRONMENTAL TECHNOLOGY MANUFACTURING., PRODUCING OR PROCESSING FACILITY AS DESCRIBED IN A.R.S. SECTION 41-1514.02. THIS SUBSECTION APPLIES FOR TEN FULL CONSECUTIVE CALENDAR OR FISCAL YEARS AFTER THE START OF INITIAL CONSTRUCTION. Section X1. Model City Tax Code Section 8-480 is amended as follows, with an effective date of January 1, 2007. Sec. 8-480. Utilit services. (d The Lan rote shall be at an amount equal 10 four and one-half percent (4.5%) of the gross income from the business activity upon every person engaging or continuing in the business of producing, providin or furnishin od\hv services, includin electricity, electric lights, current, poner, gas (natural oruuiOcusU"or water to: ( consumers or ratepayers who reside within the Town. (2) consumers or ratepayers of this Town, whether within the Town or without, to the extent that this Town provides such persons utility services, excluding consumers or ratepayers who are residents of another city or town which levies au equivalent excise tax upon this Town for providin such utilit services to such persons. (b) the provisions of subsection (a) above, the gross income derived from the sale o[ natural gas 1oa public utility for the purpose of generation of power tobe transferred hv the utility 10 its ratepayers shall be considered a retail sale of tangible personal property subject to Sections 8-460 and 8-465, and not considered g ross income taxable under this Section. Resale utili1y services. Sales of utility services io another provider ofthe same utility services for the purpose of providing such utility services either to another properly licensed utility provider or directly to such purchaser's customers or ratepayers ahu\ be ezornpi and deductible from the cross income subject to the tax imposed hv this Section, provided that the purchaser is properly licensed by all applicable taxing jurisdictions to engage or continue in the business of providing utility services, and further provided that the seller maintains proper documentation', in a manner similar to that for sales for resale,, of such transactions. (d) Tax credit offset for franchise fees. There ybo|| be allowed as on offset any franchise fees paid to the Town pursuant to the terms of a franchise agreement. However, such offset shall not be allowed against taxes imposed by any other Section of this Chapter. Such offsets shall not be deemed in conflict with or violation ofsubsection 8-400(b). Pa 37 of 50 EXHIBIT A TO MARANA RESOLUTION NO. 2016-016 2012-2014 AMENDMENTS TO THE TAX CODE OF THE TOWN OF MARANA fie} The tax unposed by this Section shall not apply to sales of utility services to a qualifying hospital, qualifying community health center or a qualifying health care organization, except when sold for use in activities resulting in gross income frorn unrelated business income as that term is defined in 26 U.S.C. Section 512. �f} The tax imposed by this Section shall not apply to sales of natural gas or liquefied petroleum gas used to propel a motor vehicle. (g) The tax imposed by this Section shall not apply to: �1 } revenues received by a municipally owned utility in the form of fees charged to persons constructing residential, commercial or industrial developments or connecting residential, commercial or industrial developments to a municipal utility system or systems if the fees are segregated and used only for capital expansion, system enlargement or debt service of the utility system or systems. (2) revenues received by any person or persons owning a utility system in the form of reimbursement or contribution compensation for property and equipment installed to provide utility access to, on or across the land of an actual utility consumer if the property and equipment become the property of the utility. This exclusion shall not exceed the value of such property and equipment. (h) The tax imposed by this Section shall not apply to sales of alternative fuel as defined in A.R.S. Section 1 --215, to a used oil fuel burner who has received a Department of Environmental Quality permit to burn used oil or used oil fuel under A.R.S. Section 49 -426 or Section 49 -480. THE TAX IMPOSED BY THIS SECTION SHALL NOT APPLY TO SALES OR OTHER TRANSFERS OF RENEWABLE ENERGY CREDITS OR ANY OTHER UNIT CREATED TO TRACK ENERGY DERIVED FROM RENEWABLE ENERGY RESOURCES. FOR THE PURPOSES OF THIS PARAGRAPH "RENEWABLE ENERGY CREDIT" MEANS A UNIT CREATED ADMINISTRATIVELY BY THE CORPORATION COMMISSION OR GOVERNING BODY OF A PUBLIC POWER UTILITY TO TRACK. KILOWATT HOURS OF ELECTRICITY DERIVED FROM A RENEWABLE ENERGY RESOURCE OR THE KILOWATT HOUR EQUIVALENT OF CONVENTIONAL ENERGY RESOURCES DISPLACED BY DISTRIBUTED RENEWABLE ENERGY RESOURCES. THE TAX IMPOSED BY THIS SECTION SHALL NOT APPLY TO THE PORTION OF GROSS PROCEEDS OF SALES OR GROSS INCOME ATTRIBUTABLE TO TRANSFERS OF ELECTRICITY BY ANY RETAIL ELECTRIC CUSTOMER OWNING A SOLAR PHOTOVOLTAIC ENERGY GENERATING SYSTEM TO AN ELECTRIC DISTRIBUTION SYSTEM IF THE ELECTRICITY TRANSFERRED IS GENERATED BY THE CUSTOMER'S SYSTEM. K} (RESERVED) Page 38 of 50 EXHIBIT A TO MARANA RESOLUTION NO. 2016-016 2012-2014 AMENDMENTS TO THE TAX CODE OF THE TOWN OF MARANA Section X11. Model City Tax Code Section 8-485 is amended as follows, with an effective date of July 1, 2 013. Sec. 8-485. ( JR.P.S. erizee*,J)k3wyASTEWATER REMOVAL SERVICES (a) THE TAX RATE SHALL BE AN AMOUNT EQUAL TO ZERO PERCENT ( 0%) OF THE GROSS INCOME FROM THE BUSINESS ACTIVITY UPON EVERY PERSON ENGAGING OR CONTINUING IN THE BUSINESS OF PROVIDING WASTEWATER REMOVAL SERVICES BY MEANS OF SEWER LINES OR SIMILAR PIPELINES TO: CONSUMERS OR RATEPAYERS WHO RESIDE WITHIN THE TOWN. 2) CONSUMERS OR RATEPAYERS OF THIS TOWN, WHETHER WITHIN THE TOWN OR WITHOUT, TO THE EXTENT THAT THIS TOWN PROVIDES SUCH PERSONS WASTEWATER REMOVAL SERVICES, EXCLUDING CONSUMERS OR RATEPAYERS WHO ARE RESIDENTS OF ANOTHER CITY OR TOWN WHICH LEVIES AN EQ UIVALENT EXCISE TAX UPON THIS TOWN FOR PROVIDING SUCH WASTEWATER REMOVAL SERVICES TO SUCH PERSONS. b) THE TAX IMPOSED BY THIS SECTION SHALL NOT APPLY TO GROSS INCOME RELATING TO THE PROVIDING OF WASTEWATER REMOVAL SERVICES FROM A Q UALIFYING HOSPITAL, Q UALIFYING COMMUNITY HEALTH CENTER OR A Q UALIFYING HEALTH CARE ORGANIZATION. Section X111. Model Ci ax Code, Appendix IV, Se ction 8-570 is amended as follows to conform the Appendix lan with prior changes made to Section 8-570 of the Model language, with an effective date of July 1, 2008, Sec. 8 -570. Administrative review petition for hearin or for redetermination; finalit of order. (State Administration and Audits (a) Closin agreements between the Tax Collector and a taxpa have no force of law unless made in accordance with the provisions of A.R.S. Section 42-1113. NJ Administrative review. (1) Petitions of appeal shall be made to, and hearin shall be conducted b the Arizona Department of Revenue, in accordance with the provisions of A.R.S. Section 42- 1251, as modified b Section 8-571. ( 2 ) (Reserved) Pa 39 of 50 EXHIBIT A TO MABANA RESOLUTION No. 2016 -016 2012 -2014 AMENDMENTS TO THE TAX CODE OF THE TOWN OF NIARANA (3) (Reserved) (4) (Reserved) (5) Hearings shall be held by the Arizona Department of Revenue in accordance with the provisions of A.R.S. Section 42 -1251. The Department's decision may be appealed to the State Board of Tax Appeals, in accordance with the provisions of A.R.S. Section 42 -1253. (6) (Reserved) (7) (Reserved) (S) (Reserved) (c) (Reserved) (d) (Reserved) (e) Taxpayers shall be subject to the state taxpayer bill of rights (A.R.S. § 42 -2051 et. seq.). Sec. 5 -570. Administrative review; petition for hearing or for redetermination; finality of order. (Local Audits) For the purposes of this section, "Municipal Tax Hearing Office" means the administrative offices of the Municipal Tax Hearing Officer. (a) Informal Conference. A taxpayer shall have the right to discuss any proposed assessment with the auditor prior to the issuance of any assessment, but any such informal conference is not required for the taxpayer to file a petition for administrative review. (b) Administrative Review. (1) Filing a Petition. Other than in the case of a jeopardy assessment, a taxpayer may contest the applicability or amount of tax, penalty, or interest imposed upon or paid by him pursuant to this Chapter by filing a petition for a hearing or for redetermination with the Tax Collector as set forth below: (A) within forty -five (45) days of receipt by the taxpayer of notice of a determination by the Tax Collector that a tax, penalty, or interest amount is due, or that a request for refund or credit has been denied; or (B) by voluntary payment of any contested amount when accompanied by a timely filed return and a petition requesting a refund of the protested portion of said payment; or (C) by petition accompanying a timely filed return contesting an amount reported but not paid; or (D) by petition requesting review of denial of waiver of penalty as provided in subsection 8- 540(8). Page 40 of 50 EX]HIBITA TO MARANA RESOLUTION NO. 2016-016 2012'2014 AMENDMENTS TO THE TAX CODE OF THE TOWN OF MARANA CD Extension to file a petition. ln all cases, the taxpayer may request extension from the Tax Collector. Such request must be in writing, state the reasons for the requested delay and must be fi!edwith the Tax Collector within the period allowed above for originally fi\ingo petition. The Tax Collector shall allow extension 10 file apct(tion, when such written request has been properly and timely made hy the 1ax &Aly fifin a netition. THE TAX COLLECTOR MAY GRANT AN ADDITIONAL EXTENSION AND MAY DETERMINE THE CORRESPONDING TIME OF ANY SUCH EXTENSION AT HIS SOLE DISCRETION. (3 Re for petition. (A) The petition shall be in writing and shall set forth the reasons why any correction, abatement, or refund abouk] be granted, and the amount of reduction or refund requested. The petition may be amended at any time prior to the time the taxpayer rests his case at the hearing or such time as the Hearing Officer allows for submitting of amendments incases of rcde1enmina1iona without hearings. The Beoz(n8 Officer may require that amendments be in writing, and in that case, he shall provide ao:osonoble period of time io file the amendment. The Hearing [)ffioershall provide u reasonable period of time for the Tax Collector to review and respond to the petition and to any written amendments. (13) The taxpayer, am part of the petition, may request a hearing which shall br granted hv the Hearing Officer. [[no request for hearing is made the petition shall be considered to be submitted for decision by the Hearing Officer on the matters contained in the petition and in any reply made by the Tax Collector. (C) The provisions of this Section are exclusive, and no petition seeking any correction, abatement, or refund shall be considered unless the petition is timely and properly filed under the Section. (4) Transmittal to Hearing Officer. The city/town shall designate a Hearing [)ffiuer,who may be other than an employee of the (city/town). The Tax Collector, if designated to receive petitions, shall forward any petition to the Municipal Tux Hearing Officer within twenty (20) days after receipt, auoornpom\ed by documentation as to tirnr\\nema. In cases where the Hearing Officer determines that the petition is not timely or not in proper form, he shall notify both the taxpayer and the Tax Collector; and in nomcs of petitions not in proper form only" the Hearing Officer shall provide the taxpayer with an extension up1ofbrty'five(45) days Lo correct the petition. (5) Hearings shall be conducted bya Hearing Offioorand shall bc continuous until the Hearing Officer closes the record. The taxpayer may be heard in person or by his authorized representative at such hearing. Hearings shall be conducted informally as Pa 41 of 50 EXHIBIT A TO MARANA RESOLUTION NO. 2016- 016 2012 -2014 AMENDMENTS TO THE TAX CODE OF THE TOWN OF MARANA to the order of proceeding and presentation of evidence. The Hearing Officer shall admit evidence over hearsay objections where the offered evidence has substantial probative value and reliability. Further, copies of records and documents prepared in the ordinary course of business may be admitted, without objection as to foundation, but subject to argument as to weight, admissibility, and authenticity. Summary accounting records may be admitted subject to satisfactory proof of the reliability of the summaries. In all cases, the decision of the Hearing Officer shall be made solely upon substantial and reliable evidence. All expenses incurred in the hearing shall be paid by the party incurring the same. (6) Redeterminations upon a "petition for redetermination" shall follow the same conditions, except that no oral hearing shall be held. (7) Hearing Ruling. In either case, the Hearing Officer shall issue his ruling not later than forty -five (45) days after the close of the record by the Hearing Officer. (8) Notice of Refund or Ad'usted Assessment. within sixty (60) days of the issuance of the Hearing Officer's decision, the Tax Collector shall issue to the taxpayer either a notice of refund or an adjusted assessment recalculated to conform to the Hearing Officer's decision. (c) Sti ulations that future tax is also protested. A taxpayer may enter into a stipulation with the Tax Collector that future taxes of similar nature are also at issue in any protest or appeal. However, unless such stipulation is made, it is presumed that the protest or appeal deals solely and exclusively with the tax specifically protested and no other. When a taxpayer enters into such a stipulation with the Tax Collector that future taxes of similar nature will be included in any redetermination, hearing, or court case, it is the burden of that taxpayer to identify, segregate, and keep record of such income or protested taxable amount in his books and records in the same manner as the taxpayer is required to segregate exempt income. (d) When an assessment is final. (1) If a request for administrative review and petition for hearing or redetermination of an assessment made by the Tax Collector is not filed within the period required by subsection (b) above, such person shall be deemed to have waived and abandoned the right to question the amount determined to be due and any tax, interest, or penalty determined to be due shall be final as provided in subsections 8- 545(a) and 8- 5550. (2) The decision made by the Hearing Officer upon administrative review by hearing or redetermination shall become final thirty (30) days after the taxpayer receives the notice of refund or adjusted assessment required by subsection (b)(8) above, unless the taxpayer appeals the order or decision in the manner provided in Section 8 -575. (e) The provisions of the state taxpayer bill of rights (A.R.S. Section 42 -2051 et. seq.) shall not apply. Page 42 of 50 EXHIBIT A TO MARANA RESOLUTION NO. 2016-016 2012 -2014 AMENDMENTS TO THE TAX CODE OF THE TOWN OF MARA.NA Section KIV. Model CitV Tax Code Section 8 -660 is amended as follows. All changes are effective July 1 2013 except new subsection mm which is effective January 1 20070 Sec. 8-660. Use tax: exemptions. The storage or use in this Town of the following tangible personal property is exempt from the Use Tax imposed by this Article: (a) tangible personal property brought into the Town by an individual who was not a resident of the Town at the time the property was acquired for his own use, if the first actual use of such property was outside the Town, unless such property is used in conducting a business in this Town. (b) tangible personal property, the value of which does not exceed the amount of one thousand dollars ($1,000) per item, acquired by an individual outside the limits of the Town for his personal use and enjoyment. (c) charges for delivery, installation, or other customer services, as prescribed by Regulation. (d) charges for repair services, as prescribed by Regulation. (e) separately iternized charges for warranty, maintenance, and service contracts. (f) prosthetics. (g) income - producing capital equipment. (h) rental equipment and rental supplies. (i) mining and metallurgical supplies. (j) motor vehicle fuel and use fuel which are used upon the highways of this State and upon which a tax has been imposed under the provisions of Article 1 or 11, Chapter 16, Title 28, Arizona Revised Statutes. (k) tangible personal property purchased by a construction contractor, but not an owner - builder, when such person holds a valid Privilege License for engaging or continuing in the business of construction contracting, and where the property acquired is incorporated into any structure or improvement to real property in fulfillment of a construction contract. (1) sales of motor vehicles to nonresidents of this State for use outside this State if the vendor ships or delivers the motor vehicle to a destination outside this State. (m) tangible personal property which directly enters into and becomes an ingredient or component part of a product sold in the regular course of the business of job printing, manufacturing, or publication of newspapers, magazines or other periodicals. Tangible personal property which IS c011sLImed or used up in a manufacturing, jab printing, publishing, or production process is not an ingredient nor component part of a product. Page 43 of 50 EXJHDBDTA TO MARANARES0yLU]TI@N NO. 2016-016 2012-2084 AMENDMENTS TO THE TAXCODEOFTHETOWNOFMARANA (11) rental, leasing, or licensing for use of film, tape, mslides by a theater or other person taxed under Section N'4\O"orhvu radio station, television station, or subscription 1elevisionsystenn. ( food served to patrons for u consideration hv any person engaged innbusiness properl licensed and taxed under Section 8-455 but not food consumed by owneny" agents,, or employees o[ such business. (n) tangible personal property acquired by u qualifying hospital, qualifying community hooi(h center oraqualifying health care organization, except when the property is in fact used in oo({videa resulting in gross income from unrelated bua|neam income as that term is defined in 26 U.S.C. 8ccbun 512. kd `' ` Re ' (i) (4) (Reserved) kA groundwater nmcaauhng devices required hvA.DLS. Section 45-604. M ( Reserved ) (u) aircraft acquired for use outside the State, as prescribed by QcgukUkxn. kA sales of food products by producers as provided for hvA.VL.S. Sections 3-561, 3-562 and 3- 563. (w) (Reserved) AND DRINK PROVIDED BY A PERSON WHO IS ENGAGED IN (x) If BUSINESS THAT IS CLASSIFIED UNDER THE RESTAURANT CLASSIFICATION WITHOUT MONETARY CHARGE TO ITS EMPLOYEES FOR THEIR OWN CONSUMPTION ON THE PREMISES DURING SUCH EMPLOYEES'HOURS OF (Y) Tangible personal property donated to all organization or entity qualifying as all exempt organization under 260.S.0 Section 50|(o)(3);i[ and on|yi[ (|) thedonoriseugugodmrcontinuinginohusinessao1ivityauhieo((ou1az|nmposcdhv Article IV; and (2) the donor originally purchased the donated property for resale in tile ordinary Course uf tile donor's business; and (3) the donor obtained from the donee o letter or other evidence satisfactory Lothe Tax Collector o[quul|Oon{ion under 26 U.S.C. Section 501(u)(3) [mm the Internal Revenue Service or other appropriate federal a and Pa 44 of 50 EXHIBIT A TO MARANA RESOLUTION NO. 201.6-016 2012-2014 AMENDMENTS TO THE TAX CODE OF THE TOWN OFMARANA ( 4 ) the donor maintains, and provides upon demand, Such evidence to the Tax Collector, in a manner similar to other documentation re under Article 111. W ( Reserved ) ( aa ) tan personal propert used in remediation contractin as defined in Section 8-100 and Re 8-100.5. ( bb ) materials that are purchased b or for publicl funded libraries includin school district libraries, charter school libraries, communit colle libraries, state universit libraries or federal, state, Count Or municipal libraries for use b the public as follows: (1) printed or photo materials. ( 2 ) electronic or di media materials. ( cc ) food, bevera condiments and accessories used for servin food and bevera b a commercial airline, as defined in A.R.S. Section 42-5061 that serves the food and bevera to its passen without additional char for COIISLI111pti011 in fli For the purposes of this Subsection, "accessories" means paper plates, plastic eatin utensils, napkins, paper Cups, drinkin straws, paper sacks or other disposable containers, or other items which facilitate the CO11SL1111ptiO11 of the food. (dd wireless telecommunication e that is held for sale or transfer to a customer as an inducement to enter into or continue a contract for telecom III Lin ication set-vices that are taxable Under Section 8-470. ( ee ) ( Reserved) (ff) alternative fuel as defined in A.R.S. Section 1-215, b a used oil fuel burner who has received a Department of Environmental Qualit permit to burn. used Oil Or used oil fUCI Under A.R.S. Section 49-426 or Section 49-480. (gg) food, bevera condiments and accessories purchased b or for a public educational entit P ursuant to an of the provisions of Title 15, Arizona Revised Statutes, INCLUDING A REG U LA RLY ORGAN WED PRIVATE OR PAROCHIAL SCHOOL THAT OFFERS AN EDUCATIONAL PROGRAM FOR GRADE TWELVE OR UNDER WHICH MAY BE ATTENDED IN SUBSTITUTION FOR A PUBLIC SCHOOL PURSUANT TO A.R.S. 15- 802; to the extent Such items are to be prepared or served to individuals for consumption on the premises of a public educational entit durin school hours. For the purposes of this Subsection, "accessories" means paper plates, plastic eatin utensils, napkins, paper cups, drinkin straws, paper sacks or other disposable containers, or other items which facilitate the C011SLIMptiOn of the food. personal h items purchased b a person en in the business of and subject to tax under Section 8-444 of this code if the tan personal propert is furnished withOLIt additional char to and intended to be consumed b the person durin his OCCLIpanc Pa 45 of 50 EXHIBIT A TO MARANA RESOLUTION NO. 2016-016 2012-2014 AMENDMENTS TO THE TAX MODE OF THE TOWN OF MARANA the diversion of gas from a pipeline by a person engaged in the business of operating a natural or artificial gas pipeline, for the sole purpose of fueling compressor equipment to pressurize the pipeline, is not a sale of the gas to the operator of the pipeline. (jj) food, beverages, condiments and accessories purchased by or for a nonprofit charitable organization that has qualified as an exempt organization under 26 U.S.C. Section 501(c)(3) and regularly serves meals to the needy and indigent on a C11tinuing basis at no cost. For the purposes of this subsection, "accessories" means paper plates, plastic eating utensils, napkins, paper cups, drinking straws, paper sacks or other disposable containers, or other items which facilitate the consumption of the food. (kk) sales of motor Vehicles that use alternative fuel if such Vehicle was manufactured as a diesel fuel vehicle and converted to operate on alternative fuel and sales of equipment that is installed in a conventional diesel fuel motor Vehicle to convert the Vehicle to operate on an alternative fuel, as defined in A.R.S. Section 1 -215. (11) The storage, use or corrsurnption of tangible personal property in the city or town by a school district or charter school. RENEWABLE ENERGY CREDITS OR ANY OTHER UNIT CREATED TO TRAM{ ENERGY DERIVED FROM RENEWABLE ENERGY RESOURCES. FOR THE PURPOSES OF THIS PARAGRAPH "RENEWABLE ENERGY CREDIT" MEANS A UNIT CREATED ADMINISTRATIVELY BY THE CORPORATION COMMISSION OR GOVERNING BODY OF A PUBLIC POWER UTILITY TO TRACK KILOWATT HOURS OF ELECTRICITY DERIVED FROM A RENEWABLE ENERGY RESOURCE OR THE KILOWATT HOUR EQUIVALENT OF CONVENTIONAL ENERGY RESOURCES DISPLACED BY DISTRIBUTED RENEWABLE ENERGY RESOURCES. MAGAZINES OR OTHER PERIODICALS OR OTHER PUBLICATIONS BY THIS STATE TO ENCOURAGE TOURIST TRAVEL. PAPER MACHINE CLOTHING, SUCH AS FORMING FABRICS AND DRYER FELTS, SOLD TO A PAPER MANUFACTURER AND DIRECTLY USED OR CONSUMED IN PAPER MANUFACTURING. OVERHEAD MATERIALS OR OTHER. TANGIBLE PERSONAL PROPERTY THAT IS USED IN PERFORMIN A CONTRACT BETWEEN THE UNITED STATES GOVERNMENT AND A MANUFACTURER MODIFIER ASSEMBLER OR REPAIRER, INCLUDING PROPERTY USED IN PERFORMING A SUBCONTRACT WITH A GOVERNMENT CONTRACTOR WHO IS A MANUFACTURER MODIFIER ASSEMBLER OR REPAIRER TO WHICH TITLE PASSES TO THE GOVERNMENT UNDER. THE TERMS OF THE CONTRACT OR SUBCONTRACT. (� COAL PETROLEUM COKE. NATURAL GAS VIRGIN FUEL OIL AND ELECTRICITY SOLD TO A QUALIFIED ENVIRONMENTAL TECHNOLOGY MANUFACTURER PRODUCER OR PROCESSOR AS DEFINED IN A.R.S. SECTION 41-1514.02 AND DIRECTLY USED OR CONSUMED IN THE GENERATION OR Page 46 of 50 EXHIBIT A TO MARANA RESOLUTION NH. 2016-016 2012 -2014 AMENDMENTS TO THE TAX CODE OF THE TOWN OF MARANA PROVISION OF ON -SITE POWER OR ENERGY SOLELY FOR ENVIRONMENTAL TECHNOLOGY MANUFACTURING, PRODUCING OR PROCESSING OR ENVIRONMENTAL PROTECTION. THIS PARAGRAPH SHALL APPLY FOR TWENTY FULL CONSECUTIVE CALENDAR OR FISCAL YEARS FROM THE DATE THE FIRST PAPER MANUFACTURING MACHINE IS PLACED IN SERVICE. IN THE CASE OF AN ENVIRONMENTAL TECHNOLOGY MANUFACTURER PRODUCER OR PROCESSOR WHO DOES NOT MANUFACTURE PAPER THE TIME PERIOD SHALL BEGIN WITH THE DATE THE FIRST MANUFACTURING PROCESSING OR PRODUCTION EQUIPMENT IS PLACED IN SERVICE. MACHINERY, EQUIPMENT, MATERIALS AND OTHER TANGIBLE PERSONAL PROPERTY USED DIRECTLY AND PREDOMINANTLY TO CONSTRUCT A UALIFIED ENVIRONMENTAL TECHNOLOGY MANUFACTURING PRODUCING OR PROCESSING FACILITY AS DESCRIBED IN A.R.S. SECTION 41-1514.02. THIS SUBSECTION APPLIES FOR TEN FULL CONSECUTIVE CALENDAR OR FISCAL YEARS AFTER THE START OF INITIAL CONSTRUCTION. (RESERVED) Section XV■ Model City Tax Code Regulation 5 -120.1 is re ealed with an effective date of July 1, 20130 • r ■ V a a . ■ ■ r r ■ • • a i i ■ ■ • i ■ ■ i ■ • ! w i ■ ■ R ■ + - + A ■ r r + 1111 ■ •. ■ • ■ • ■1711 ■� /■ 'i■ ■ ! ■ ■ ■ ■ -■ ■ ■ • a ■ INAL It • ■ • ■ ■ ■ ■ • ■ • ■ ■ ■ ■ ■ 7 • + ■ i 1 w A ■ ■ ■ ■ i ■■ w ■. ■■ w i ■ ■ ■ .r ■ • • ■ ■ 7 ■ ■ • 7 • ■ r • w ■■ r i• - i as •. ■ ■ • • ■ •► ■ ■ . w • + ■■ r + ■ r.. ■.•a +• w w w ■ r ■ s ■ ■ ■ •■ ■ ■ ■ ■ a + ■r f • r w a •■ A wa * r w ■ r A r • w a i • r i •• a r r i■ i w A w r w■ ' ■ ■ ■ ■. ■ • ■ ■ ■ - ■ ■ A r ■ ■ ■■ r i• - i as 7 ■ IM ■ 7 ■ ■r ■ ■ r w A 1 ■• w W . • t ■ r ■ • ■ • • • ■ • ■ IIIIIIIIIIIIIII IIIi + ■■ •. A.i i r a ■ M. • ■ ■ r i . + i ■ M w�� ■ • i ■• w ■ • +■ ■ ■ • 'I ■ ■ wALIVA 8 11 • IS 5 OVA ■ • • • • • • • ■ • ■ ■ ■ ■ 1 • ■ 7 ■ ■ 01JI • • • ■ • ■ • . - - . 1 Page 47 of 50 EXHIBIT A TO MARANA RESOLUTION NO, 2016-016 2012-2014 AMENDMENTS TO THE TAX CODE OF THE TOWN OF MARANA 'Ash AMWANE owA = UM Section XV1. Model City Tax Code Regulation 8-270.1 is amended as follows, with an effective date of July 1, 2013. Re 8-270.1. Proprietar activities of municipalities are not considered activities of a g overnmental entit The followin activities, when performed b a municipalit are considered to be activities of a person en in business for the purposes of this Chapter, and not excludable b reason of Section 8-270: ( a ) rental, leasin or licensin for use of real propert to other than another department or a of the municipalit (b) producin providin or furnishin electricit electric li current, power, g as ( natural or artificial), or water to consumers or ratepa (c) sale of tan personal propert to the public, when similar tan personal propert is available for sale b other persons, as, for example, at police or surplus auctions. ( d ) PROVIDING WASTEWATER REMOVAL SERVICES TO CONSUMERS OR RATEPAYERS BY MEANS OF SEWER LINES OR SIMILAR PIPELINES. Section XVIL Model City Tax Code Re 8-460.1 is amended as follows, with an effective date of July 1, 20130 Re 8-460.1. Distinction between retail sales and certain other transfers of tan personal propert (a) Char for transfer of tan personal propert included in the g ross income of the business activit of persons en in the followin business activities shall be deemed onl as g ross income from such business activit and not sales at retail taxed b Section 8-460: (1) tan personal propert incorporated into real propert as part of reconstruction or construction contractin per Sections 8-415 throu 8-418. (2) ( Reserved ) (3) job printin per Section 8-425. ( 4 ) minin timberin and other extraction, but not sales of sand, g ravel, or rock extracted from the g round, per Section 8-430. Pa 48 of 50 EXHIBIT TOMARANA RESOLUTION NO. 2016-016 2082-2014 AMENDMENTS TO THE TAX CODE OF THE TOWN OF MARANA iS\ publication of newspapers, magazines, and other periodicals, per Section 8-435. kB rental, leasing, and licensing of real or tangible personal property, per Sections 8'445 or 8-450. ( 7 ) y estaurants and bars, per Section 8-455. (7)( FOOD FOR HOME CONSUMPTION, PER SECTION 8-462. teleoommunica1ous services, per Section 0-470. A9)(0) utility services, per Section 8-480. ( 11 ) WASTEWATER REMOVAL SERVICESI ER SECTION 8-485. `-' Distinction between construction contractin retail, and certain direct customer service ( When om item is attached or installed om real property, itiaaconstruction contractin uo1h/hv and any subsequent repair, removal, or replacement of that benz is construction (2) Items attached or installed oo tangible personal property are retail sales. (3) Transactions vvbore no tangible personal property in attached or installed are considered direct customer mc/v|oe activities (for example: carpet cleaning, !opvo mowing, landscape maintenance). (4) Demolition, cadb moving, and wrecking activities are considered construction contracting. (u) The sale of sand, rock, and aravel extracted from the wound shall be deemed msa!e of tangible personal property and not mining or metallurgical activity. (d) Sale of consumable goods incorporated into or applied to real property im considered aretail sale and not construction contracting. Examples of consumable goods are lubricants, faucet washers, and air conditioning coolant, but not paint. (e) Installation or removal of tangible personal provejj which has independent functional ut io considered a retail activity. (l) "Tangible personal property which has independent functional utility" must be able to substantially perform its function(s) without attachment to real property. "Attachment to n:a) property" must include more than connection 10 water, power,, gas, oornmnuniootion,or other service. (2) Examples of tangible personal property which has independent functional utility include artwork, furnishings, "plug-in" kitchen equipment, or similar items installed by bolts or similar fastenings. Pa 49 of 50 EXHIBIT A To MARANA RESOLUTION No. 2016-016 2012-2014 AMENDMENTS TO THE TAX CODE OF THE TOWN OF MARANA (3) Examples of tangible personal property which does not have independent functional utility include wall -to --wall carpeting, flooring, wallpaper, kitchen cabinets, or "built - in" dishwashers or ranges. (4) The installation of window coverings (drapes, mini - blinds, etc.) is always a retail activity. Page 50 of 50 F. ANN RODRIGUEZ, RECORDER Recorded By: LW DEPUTY RECORDER . �' Cl SEQUENCE . 20160500179 41 ' SMARA NO. PAGES: 2 TOWN OF MARANA � � � 11:29: �-� PICKUP �1ZO� MA PI CK CAP AMOUNT PAID: $7. TO MARANA ORDINANCE NO. 2016,003 REATING TO TRANSACTION PRIVILEGE TAX; ADOPTING "THE 2012 -2014 A.M E NI)M =iNTS '"rO THE TAX CODE OF THE TOWN OF MARANA" BY REFERENCE; ESTABLISHING- EFFECTIVE DATES; PROVIDING FOR SEVERABILITY; AND PROVIDING PENALTIES FOR VIOLATIONS WHEREAS A.R.S. § 42 -6002 provides a procedure for the levy of transaction privilege taxes by a city or town; and WHEREAS A.R.S. § 9 -240 provides that the Town Council shall have control of the finances of the town; and WHEREAS the Town Council has adopted the Model City Tax Code as defined by A.R.S. §42-6051; and WHEREAS the Town Council finds that the amendments to the Town Tax Code addressed by this ordinance are in the best interests of the community. NOW, THEREFORE, BE IrI` ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. That certain document known as "The 2012-2014 Amend to the Tax Code of the "T own. of Marana ", three copies of which are on file in the office of the Town Clerk of the Town of Marana, .Arizona, which document was made a public record by and attached as Exhibit A to Resolution No. 201 - of the Town of Marana, Arizona, is hereby referred to, adopted and made a part hereof~ as if fully set out in this ordinance. SECTION 2. Any person found guilty of violating any provision of these amendments to the tax code shall be guilty of a class one misdemeanor. Each day that a violation continues shall be a separate offense punishable as herein above described. SECTION 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance or any part of these amendments to the tax code adopted herein by reference is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. SECTION 4. The provisions of this ordinance conforms this local code to the Model City Tax Code, which is controlling. The provisions of each section are effective as stated in each section and are as provided by the Municipal Tax Code Commission upon approval of the stated change to the Model City Tax Code. Provisions subject to a retroactive effective date at the time of approval by the Municipal Tax Code Commission favor taxpayers by reducing an imposition of the tax or increasing an allowable deduction, exemption, or exclusion. Provisions Marana Ordinance Nn. 2016.003 - 1 -- that increase the imposition of the tax or decrease the application of a deduction, exemption, or exclusion had a prospective effective date at the time of approval b the Municipal Tax Code Commission. Provisions creatin a new Option state the first effective date the new Option is available for selection. Provisions eliminatin an existin Option state the last effective date of the eliminated Option. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 16 1h da of Februar 2016. 4 . Bronson, Town Clerk Marana Ordinance No, 2016.003 Ma Ed H( APPROVED 10�'7 clr� j F/a n k C a se! dd -2- TO FORM;- y , Town )dtorney