HomeMy WebLinkAbout068-92RESOLUTION NO. 68-92
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF DANVILLE,
CALIFORNIA, CALTJNG FOR THE RESTORATION OF ADEQUATE
FUNDING IN FISCAL YEAR 1992-93 AND THERF. A.FTER 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 I.FAST TO PREVIOUS LEVELS.
WHEREAS, the California State Department of Alcohol Beverage Control (hereinafter the
"ABC") has aggressively enforced the laws prohibiting the sale of alcohol to minors and
prevented illicit activities such as prostitution operations and the sale of narcotics at liquor
outlets in our community; and
WHEREAS, the Town of Danville (hereinafter the "Town'~ 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-relatedcriminal 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 Town 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 the 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, the reduction by the State of the funding level available to the ABC during
State Fiscal Year 1992-93 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 exceeding of any alleged savings from the proposed ABC reduction; now
therefore be it
RESOLVED, by the Town Council of the Town of Danville, that the Town 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 actions during
State Fiscal Year 1992-93; and, be it
FURTHER RESOLVED, that the Town 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; and be it
FURTHER RESOLVED, that the City Clerk is authorized and directed to transmit a copy
of this Resolution to the Governor of California, the California League of Cities, and the
local State Representatives.
APPROVED by the Danville Town Council at a regular meeting on the 4th day of August
by the following vote:
AYES:
LANE,
NOES: NONE
ABSTAINED: NONE
ABSENT: NONE
SHIMANSKY, DOYLE,
GREENBERG, RITCHEY
APPROVED AS TO FORM
CITY ATTORNEY
CITY CLERK