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HomeMy WebLinkAboutCC Res 4113 1992-01-13 RESOLUTION NUMBER ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH 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 THE CITY OF SEAL BEACH DOES HEREBY RESOLVE, DETERMINE AND FINE: WHEREAS, the California State Department of Alcohol Beverage Control (ABC) has aggressively enforced the laws prohibiting the sale of alcohol to minors and preventing illegal "B" girl and prostitution operations and the sale of narcotics at liquor outlets in our community; and I WHEREAS, the .city of seal Beach (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 the 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 offenses, including unlawful sales to minors, illegal "B" girl or prostitution' related alcohol sales violations, and illegal narcotic sales at business premises licenses by the ABC; and WHEREAS, the City acknowledges that for 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 I limited the ability of municipalities to collect certain revenues and to enforce state-wide 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 alcohol 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 the 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. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SEAL BEACH that: 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. I I I I Resolution Number flL-r SECT!ON 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 resu::.t in severe and adverse impact upon the public health, saf~ty 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. ~SED, APPROVED and ADOPTED by the City counci)f~)t the . Se Beach at a meeting thereof held on the ~ '- , 199~, by the II . g vote: . ci ty of day of Councilmember NOES: Councilmembers A~STAIN: Councilmembers ABSENT: Councilmembers ~~../ Mayor ~rL ~ ,- S-IE'AII1 ...~ -=' Of L II ~~~~ii;O~4"~C'l ~ r.;/~ "0 'So >loo~{l 08 go;( _:'0 Q.g... \or o.~ '"': lti! ~tQ."'~:t. 27. \..'\..'!.~; lfii#' ~ ..oOOO~*8 ""~(lNt1, -'.I Jill"_ CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF ORANGE ) I, Joanne M. Yeo, City Clerk of the city of Seal Beach, California, do hereby certify that the.~9~egoing resolution is the original copy- r Resolution Number ~ on file in the Office of the City Clerk, passed, approved and adopted by the City Council o~~~Ji city of Se Beach, regular meeting thereof held on the - day of . 1 ~1.