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CC Resolution 8218 RESOLUTION NO. 8218 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL, CALIFORNIA, CALLING FOR THE RESTORATION OF ADEQUATE FUNDING IN FISCAL YEAR 1992-93 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 the sale of narcotics at liquor outlets in our community; and WHEREAS, the City of Campbell (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 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 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 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 Page 2 WHEREAS, a reduction by the State of available to the ABC is likely to have a severe upon the public health, safety, and welfare. the funding level and adverse effect NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAMPBELL, CALIFORNIA, DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: SECTION 1. The City Council hereby calls upon the Governor of the State of California and the Legislature of the State of California to take immediate steps to continue funding for the ABC at a level necessary so that no personnel positions are removed because of State budgetary compromises during State Fiscal Year 1991-92 and thereafter. SECTION 2. The City Clerk is authorized and directed to transmit a copy of this Resolution to the Governor of California, the President of the California League of Cities, and the local State legislators. SECTION 3. The City Clerk shall certify to the adoption of this Resolution. This Resolution shall take effect upon adoption. Passed, approved, and adopted this 21st day of January, 1992. AYES: Councilmembers: Kotowski, Conant, Ashworth, Watson, Burr NOES: Councilmembers: None ABSENT: Councilmembers: None APPROVED: --~~~ Donald R. Burr, Mayor --- ATTEST: t/~, / .// ; j " J t, / . . J - /. I ' f't.,l. '-Ii ::d_~<-t... _ Barbara Kee, Ci' y Clerk