HomeMy WebLinkAboutReso 1991-16454 RESOLUTION NO. 16454
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA, CALIFORNIA, CALLING FOR THE RESTOP~ATION OF
ADEQUATE FUNDING IN FISCAL YEAR 1991-92 AND THEREAFTER
FOR THE STATE DEPARTMENT OF ALCOHOL BEVEP~AGE 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 Chula Vista ("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
offenses, 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 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 ABC enforcement officers generate revenues in excess of the
cost of their salaries which should be supported and not discouraged by
decreasing their numbers; 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,
Resolution No. 16454 -
Page 2
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 Chula Vista does hereby
find, determine and resolved 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 actin 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 State of
California.
SECTION 4. The City Clerk shall certify to the adoption of this resolution.
Tim Nader ruce . oogaard
Ct M B
Mayor i y Attorney
Resolution No. 16454
Page 3
PASSED, APPROVED and ADOPTED by the City Council of the City of Chula
Vista, California, this 17th day of December, 1991, by the following vote:
YES: Councilmembers: Grasser Hotton, Malcolm, Moore, Nader
NOES: Councilmember: None
ABSENT: Councilmembers: Rindone
ABSTAIN: Councilmembers: None
Tim Nader, Mayor
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do
hereby certify that the foregoing Resolution No. 16454 was duly passed, approved,
and adopted by the City Council held on the 17th day of December, 1991.
Executed this 17th day of December, 1991.
Beverli~Auth~let,' City Clerk