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CITY COUNCIL OF THE CITY OF PLEASANTON <br /> <br /> ALAMEDA COUNTY, CALIFORNIA <br /> <br /> RESOLUTION NO. 92-05 <br /> <br /> RESOI/JTION CA~NG FOR THE RESTORATION OF <br /> ADEQUATE FUNDING IN FISCAL YEAR 1991-92 AND <br /> T}~IREAFTER FOR THE STATE DEPARTMENT OF <br /> ALCOHOLIC BEVERAGE CONTROL AND URGING THE <br /> GOVERNOR AND STATE LEGISLATURE TO APPROVE <br /> FUNDING FOR THE A.B.C. ENFORC~ AT T~AST AT <br /> PRESENT LEVELS <br /> <br />WHEREAS, the California State Department of Alcoholic Beverage <br /> Control (the "A.B.C.") has aggressively enforced the laws <br /> prohibiting the sale of alcohol to minors and preventing <br /> the illicit activities such as prostitution operations <br /> and the sale of narcotics at liquor outlets in our <br /> community; and <br /> <br />WHEREAS, the City of Pleasanton (the "City") has urgent need to be <br /> assured that the A.B.C. has the resources to discharge <br /> its duty to enforce these laws for the protection of the <br /> health and safety of our community; and <br /> <br />WHEREAS, the anonymity of A.B.C. investigators and the specialized <br /> expertise of the A.B.C. enforcement officers greatly <br /> enhances the likelihood of successful investigation and <br /> prosecution of certain alcoholic beverage-related <br /> criminal offenses, including unlawful sales to minors, <br /> prostitution related alcohol sales violations, and <br /> illegal narcotic sales at business premises licensed by <br /> the A.B.C.; and <br /> <br />WHEREAS, the City acknowledges that in the last many years the <br /> State has generally preempted the field of issuing <br /> licenses for the retail sales of alcohol under California <br /> State Constitution Article 20, Section 22 and the State <br /> has limited the ability of municipalities to collect <br /> certain revenues and to enforce statewide laws pertaining <br /> to certain alcohol-related business operational <br /> regulations and criminal law enforcement; and <br /> <br />WHEREAS, in view of the preemption by the State of many aspects <br /> affecting the regulation and control of the retail sale <br /> of alcoholic beverages, the State has therefore accepted <br /> an obligation to local agencies and the People of this <br /> State to use the revenues as generated by the A.B.C. from <br /> the regulation of the retail sale of alcoholic beverages <br /> and the proceeds of criminal fines or forfeitures <br /> relating to violations of A.B.C. regulations for the <br /> enforcement of State laws pertaining to alcohol sales; <br /> and <br /> <br /> <br />