1991-240-Calling For Restoration Of Adequate Funding In Fiscal Year 1991-92 And Thereafter For The State Department Of Alcohol Beverage Control And UrgingRESOLUTION 1991 -240
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
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 other illegal operations and the sale of narcotics at liquor outlets in our
community; and
WHEREAS, 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- related criminal offense, including unlawful sales
to minors, and illegal narcotic sales at business premises licensed by the ABC; and
WHEREAS, the Town acknowledges that for 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 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 available to the ABC is
likely to have a severe and adverse effect upon the public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Los
Gatos that:
Section 1. 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 budegetary compromises during State Fiscal Year 1991 -92 and thereafter.
Section 2. 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.
Section 3. The Town Clerk is hereby authorized and directed to transmit a copy of
this Resolution to each member of the California Legislature, the Governor of California,
and the President of the California League of Cities.
Section 4. The Town Clerk shall certify to the adoption of this Resolution. This
Resolution shall take effect upon adoption.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 4th day of November, 1991, by the following vote:
COUNCIL MEMBERS
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Eric D. Carlson
Mayor Brent N. Ventura
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
r-
_j
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA