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:
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Donald R. Burr, Mayor
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ATTEST:
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Barbara Kee, Ci' y Clerk