HomeMy WebLinkAbout1991 091 CC RESO1991 091 CC RESO (Ìì ¼ ö RESOLUTION NO. 91-91
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BALDWIN PARK, CALIFORNIA 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
illicit activities such as prostitution operations and the sale
of narcotics at liquor outlets in our community; and
WHEREAS, the City of Baldwin Park 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 revenue 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
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN
PARK, 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 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.
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1991 091 CC RESO (Ìì ¼ ö Resolution No. 91-91
Page Two
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, and mayor of each
incorporated municipality and the clerk of the board of
supervisors of each county in the State of California.
SECTION 4. The City Clerk shall certify to the adoption
of this Resolution.
Passed, approved and adopted this 20th day of November,
1991.
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES) SS:
CITY OF BALDWIN PARK
I, LINDA L. GAIR, City Clerk of the City of Baldwin Park,
hereby certify that the foregoing Resolution No. 91-91 was
passed and adopted by the City Council of the City of Baldwin
Park, signed by the Mayor and attested to by the City Clerk at
a regular meeting of the said Council held on the 20th day of
November, 1991 and that said Resolution was adopted by the
following vote:
AYES: COUNCILMEN MCNEILL, GALLEGOS IZELL,KEYSER,MAYOR LOWES
NOES: COUNCILMEN NONE
ABSENT: COUNCILMEN NONE
LINDA L. GAIR, CITY CLERK
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