HomeMy WebLinkAboutRES-91-5501 (FUND/ABC)1
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RESOLUTION NO. 91-SS01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH, 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 GOVER-
NOR 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 prohibit-
ing the sale of alcohol to minors and preventing illicit activi-
ties such as the sale of narcotics at liquor outlets in our com-
munity; and
WHEREAS, the City of Hermosa Beach (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 special-
ized 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 11
municipalities to collect certain revenues and to enforce state-
wide laws pertaining to certain alcohol-related business opera-
tional regulations and criminal law enforcement; and
WHEREAS, in view of the preemption by the State of many
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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
WHEREAS, a reduction by the State of the funding level
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available to the ABC is likely to have a severe and adverse ef-
fect 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 HERMOSA
BEACH, CALIFORNIA, DOES HEREBY 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 Fis-
cal Year 1991-92 and thereafter.
SECTION 2. The City Council hereby urges all local agencies
to take appropriate action to notify their State legislative rep-
resentatives and the Governor that a reduction in the funding of
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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 the Governor of California,
the President of the League of California Cities, and the clerk
of the Board of Supervisors of Los Angeles County.
SECTION 4. The City Clerk shall certify to the adoption of
this Resolution.
PASSED, APPROVED and ADOPTED this 12th day of November,
1991.
PRESIDENT of the City Council, and
MAYOR of the City of Hermosa Beach, California
ATTEST:
CITY CLERK
APPR • •
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'
/0l �� !CITY ATTORNEY
\"■d
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF HERMOSA BEACH )
I, Naoma Valdes, Deputy City Clerk of the City
Council of the City of Hermosa Beach, California, do hereby
certify that the foregoing Resolution No. 91-5501 was duly and
regularly passed, approved and adopted by the City Council
of the City of Hermosa Beach at a Regular meeting of said
Council at the regular meeting place thereof on November 12,
1991.
1%0✓ The vote was as follows:
AYES: Creighton, Essertier,Sheldon, Wiemans, Mayor Midstokke
NOES: None
ABSTAIN: None
ABSENT: None
DATED: November 13, 1991
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CL 0'7117),--
Deputy
City Clerk