CC - 1992-08 - Restoration of Adequate Funding in FY 1991-92 - Dept of Alcohol Beverage ControlRESOLUTION NO. 92-8
n
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ROSEMEAD, CALIFORNIA, CALLING FOR THE
RESTORATION OF ADEQUATE FUNDING IN FISCAL
YEAR 1991-92 AND THEREAFTER FOR THE STATE
DEPARTMENT OF ALCOHOL BEVERAGE CONTROL AND
URGING THE GOVERNOR AND THE STATE LEGISLATURE
TO APPROVE FUNDING FOR THE ABC IN ORDER TO
CONTINUE ABC ENFORCEMENT AT LEAST AT PRESENT
LEVELS
WHEREAS, the California State Department of Alcohol Beverage
Control (the "ABC") has aggressively enforced the laws prohibiting
the sale of alcohol to minors and preventing illicit activities such
as prostitution operations and the sale of narcotics at liquor
outlets in our community; and
WHEREAS, the City of Rosemead (the "City") has urgent need to be
assured that the ABC has the resources to discharge its duty to
enforce these laws for the protection of the health and safety of our
community; and
WHEREAS, the anonymity of ABC investigators and the specialized
expertise of the ABC enforcement officers greatly enhances the
likelihood of successful investigation and prosecution of certain
alcoholic beverage-related criminal offense, including unlawful sales
to minors,. prostitution related alcohol sales violations, and illegal
narcotic sales at business premises licensed by the ABC; and
WHEREAS, the City acknowledges that in the last many years the
State has fully occupied the field of issuing licenses for the retail
sales of alcohol under California State Constitution Article 20,
Section 22 and the State has limited the ability of municipalities to
collect certain revenues and to enforce statewide laws pertaining to
certain alcohol related business operational regulations and criminal
law enforcement; and
WHEREAS, in view of the preemption by the State of many aspects
affecting the regulation and control of the retail sale of alcoholic
beverages, the State has also accepted an obligation to local
agencies and the People of this State to use the revenues as
generated by the ABC from the regulation of the retail sale of
alcoholic beverage and the proceeds of criminal fines or forfeitures
relating to violations of ABC regulations for the enforcement of
State laws pertaining to alcohol sales; and
Y
Res. 92-8
Page 112
WHEREAS, a reduction by the State of the funding level available
to the ABC during State Fiscal Year 1991-92 violates the covenant of
the State to local agencies and the People to enforce the. laws and
regulations applicable to the retail sales of alcoholic beverages;
and
WHEREAS, a reduction by the State of the funding level available
to the ABC is likely to have a severe and adverse effect upon the
public health, safety and welfare resulting in costs far in excess of
any alleged savings from the proposed ABC reduction.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD,
CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1. The City Council hereby calls upon
the State of California and the Legislature of
California to take immediate steps to continue
ABC at a level necessary so that no personnel
removed because of State budgetary compromises
Fiscal Year 1991-92 and thereafter.
the Governor of
the State of
funding for the
Dositions are
during State
Section 2. The City Council hereby urges all local agencies to
take appropriate action to notify their State legislative
representatives and the Governor that a reduction in the funding
of the budget of the ABC will result in severe and adverse
impact upon the public health, safety and welfare.
Section 3. The City Clerk is authorized and directed to
transmit a copy of this Resolution to each member of the
California Legislature, the Governor of California, the
President of the California League of Cities, the mayor of each
incorporated municipality and the clerk of the Board of
supervisors of each county in the State of California.
Section 4. The City Clerk shall certify to the adoption of this
Resolution.
PASSED, APPROVED and ADOPTED this 28th day of Januar 2.
MAY i
I hereby cert fy that the foregoing Resolution
;EST' No. 92-8 was duly and regularly adopted by the
= City Council of the City of Rosemead at a regular
meeting thereof held on the 28th day of January,
Y CLERK 1992, by the following vote:
Yes: Bruesch, Taylor, Imperial, Clark, McDonald
No: None Absent: None Abstain: None
C Y CLERK