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RESOLUTION NO. 5626
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARCADIA, CALIFORNIA, CALLING FOR THE
RESTORATION OF ADEQUATE FUNDING IN FISCAL YEAR
1991-92 AND THEREAFTER FOR THE STATE DEPART-
MENT 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 Arcadia (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
WHEREAS, a reduction by the state of the funding level
available to thEl 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 ARCADIA,
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
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5626
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 st:ate of California.
SECTION 4: The City Clerk shall certify to the adoption of
this Resolution.
Passed, approved
and adopted this 22nd day of October, 1991.
~
ATTEST:
~jw/~~
c' Clerk of ~e City"<;>f Arcadia
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5626
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF ARCADIA )
I, JUNE D. ALFORD, city Clerk of the City of Arcadia, hereby
certify that the foregoing Resolution No. 5626 was passed and
adopted by the City Council of the City of Arcadia, signed by the
Mayor and attested to by the City Clerk at a regular meeting of
said Council held on the 22nd day of October, 1991 and that said
Resolution was adopted by the following vote, to wit:
NOES:
Council Members Ciraulo, Fasching, Harbicht, Young
and Gilb
None
AYES:
ABSENT:
None
,J
ci
of Arcadia
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5626