Resolution 12176CITY OF ALAMEDA RESOLUTION NO. 12176
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 illegal "B" girl and
prostitution operations and the sale of narcotics at liquor outlets
in our community; and
WHEREAS, the City of Alameda (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, illegal "B" girl or prostitution related
alcohol sales violations, and illegal narcotic sales at business .>
premises licensed by the ABC; and
WHEREAS, the City acknowledges that for many years the State 13
has fully occupied the field of issuing licenses for the retail m
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
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
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 Council of the City of
Alameda 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.
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.
I, the undersigned, hereby certify that the foregoing Resolution
was duly and regularly adopted and passed by the Council of the
City of Alameda in regular meeting assembled on the third of
December, 1991, by the following vote to wit:
AYES: Councilmembers Arnerich, Camicia, Lucas, Roth
and President Withrow - 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the
official seal of said City this fourth day of December, 1991.
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Diane a. Felsch, City-Clerk
City of Alameda