1991/12/10 City Council Resolution (4)RESOLUTION NO. 91 -241
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
CALLING FOR RESTORATION OF ADEQUATE FUNDING IN FISCAL YEAR 1991 -92
AND THEREAFTER FOR THE STATE DEPARTMENT OF ALCOHOL BEVERAGE CONTROL
AND URGING THE GOVERNOR AND STATE LEGISLATURE TO APPROVE FUNDING
FOR THE ABC IN ORDER TO CONTINUE ABC ENFORCEMENT AT PRESENT LEVELS
WHEREAS, the California State Department of Alcohol Beverage Control (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 Rohnert Park has an 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 ABC enforcement officers greatly facilitates the successful investigation and
prosecution of certain alcoholic beverage - related criminal offenses, including
unlawful sales to minors, prostitution related alcohol sales violations, and
illegal narcotic sales at business premises licensed by the ABC; and
WHEREAS, it is well known that in the last several 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 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 generated by the ABC from the regulation of retail sales of
alcoholic beverages and proceeds from 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 to the Department of
Alcohol Beverage Control could result in severe and adverse effects upon the
public health, safety and welfare, resulting in costs far in excess of any
alleged savings from the proposed ABC reduction.
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Resolution No. 91- 241
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby call upon the Governor of the State of California and
the Legislature of the State of California to take immediate steps to continue
funding the Department of Alcohol Beverage Control at a level necessary so that
no personnel positions are removed because of State budgetary compromises during
the State's fiscal year 1991 -92 and thereafter.
BE IT FURTHER RESOLVED that the City of Rohnert Park 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 have severe and adverse impacts upon the public health, safety
and welfare.
BE IT FURTHER RESOLVED that the City Clerk is authorized and directed to
transmit a copy of this resolution to local members of the California
Legislature, the Governor of California, the President of the League of
California Cities, the Mayor of each Sonoma County city, and to the Clerk of the
Sonoma County Board of Supervisors.
DULY AND REGULARLY ADOPTED this 10th day of December, 1991.
AYES:
(5)
Councilmembers Eck,
NOES:
(0)
None
ABSENT:
(0)
None
ABSTAIN:
(0)
None
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CITY OF ROHNERT PARK
Mayor
Hollingsworth, Hopkins, Reilly, Spiro