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A. No exemptions are granted from the energy sales and use tax, except as expressly provided in Utah Code Annotated section 10-1-305(2)(b); notwithstanding an exemption granted by Utah Code Annotated section 59-1-104.

B. The following are exempt from the energy sales and use tax, pursuant to Utah Code Annotated section 10-1-305(2)(b):

1. Sales and use of aviation fuel, motor fuel and special fuels subject to taxation under Utah Code Annotated title 59, chapter 13;

2. Sales and use of taxable energy that is exempt from taxation under federal law, the United States constitution, or the Utah constitution;

3. Sales and use of taxable energy purchased or stored for resale;

4. Sales or use of taxable energy to a person, if the primary use of the taxable energy is for use in compounding or producing taxable energy or a fuel subject to taxation under Utah Code Annotated title 59, chapter 13;

5. Taxable energy brought into the state by a nonresident for the nonresident’s own personal use or enjoyment while within the state, except taxable energy purchased for use in the state by a nonresident living or working in the state at the time of purchase;

6. The sale or use of taxable energy for any purpose other than as a fuel or energy; and

7. The sale of taxable energy for use outside the boundaries of the city.

C. The sale, storage, use or other consumption of taxable energy is exempt from the energy sales and use tax levied by this article, provided:

1. The delivered value of the taxable energy has been subject to a municipal energy sales or use tax levied by another municipality within the state authorized by Utah Code Annotated title 59, chapter 12, part 3; and

2. The city is paid the difference between the tax paid to the other municipality and the tax that would otherwise be due under this article, if the tax due under this article exceeds the tax paid to the other municipality. (Ord. 6-1-1997, 6-19-1997)