Section 37101 Of Chapter 3. General Powers From California Government Code >> Division 3. >> Title 4. >> Part 2. >> Chapter 3.
37101
. (a) The legislative body may license, for revenue and
regulation, and fix the license tax upon, every kind of lawful
business transacted in the city, including shows, exhibitions, and
games. It may provide for collection of the license tax by suit or
otherwise. If the legislative body levies a sales tax under the
authority of this section, it may impose a complementary tax at the
same rate upon use or other consumption of tangible personal
property.
If the legislative body imposes a sales or use tax, it shall do so
in the same manner and use the same tax base as prescribed in Part
1.5 (commencing with Section 7200) of Division 2 of the Revenue and
Taxation Code.
(b) Any legislative body, including the legislative body of a
charter city, that levies a license tax pursuant to subdivision (a)
upon a business operating both within and outside the legislative
body's taxing jurisdiction, shall levy the tax so that the measure of
tax fairly reflects that proportion of the taxed activity actually
carried on within the taxing jurisdiction.
(c) No license tax levied pursuant to subdivision (a) that is
measured by the licensee's income or gross receipts, whether levied
by a charter or general law city, shall apply to any nonprofit
organization that is exempted from taxes by Chapter 4 (commencing
with Section 23701) of Part 11 of Division 2 of the Revenue and
Taxation Code or Subchapter F (commencing with Section 501) of
Chapter 1 of Subtitle A of the Internal Revenue Code of 1986, or the
successor of either, or to any minister, clergyman, Christian Science
practitioner, rabbi, or priest of any religious organization that
has been granted an exemption from federal income tax by the United
States Commissioner of Internal Revenue as an organization described
in Section 501(c)(3) of the Internal Revenue Code or a successor to
that section.