Question: As a bar owner, do I need to provide drug testing kits to patrons after July 1, 2024?
Answer: Yes. Beginning July 1, 2024, California Assembly Bill 1013 (“AB 1013”) requires certain alcoholic beverage license holders to offer drug testing devices for sale for a reasonable amount or at no cost to patrons.
The new law applies to establishments with a Type 48 license (including interim operating permits) from the California Department of Alcoholic Beverage Control (“ABC”). In general, Type 48 licenses are issued by the ABC to bars and night clubs where minors may not enter and remain, and food service is not required. There are about 2,500 Type 48 licenses in California. The new law does not apply to businesses holding an ABC Type 41, 47 or 75 license, which cover establishments such as convention centers, exhibit halls, auditoriums, ball parks, stadiums, coliseums, hotels, motels, certain marine parks, wineries or beer manufacturers.
The purpose behind AB 1013 was help prevent drink spiking that could lead to the commission of other crimes, including sexual assault and rape. With that purpose in mind, the new law requires bars and night clubs to make drug testing devices available to customers for free or at a reasonable price based on the wholesale cost. Such drug testing devices include test strips, stickers, straws, and other devices that detect the presence of controlled substances in beverages. Examples of controlled substances that the drug testing device are designed to detect include, but are not limited to, flunitrazepam, ketamine, and gamma hydroxybutyric acid, also known by other names, including GHB, gamma hydroxybutyrate, 4-hydroxybutyrate, 4-hydroxybutanoic acid, sodium oxybate, and sodium oxybutyrate.
Covered establishments must ensure that all testing devices offered to customers have not exceeded their expiration date or recommended period of use, according to the product label, product packaging, or otherwise recommended by the manufacturer. According to the ABC’s frequently asked questions page, there are drug testing devices that can be readily purchased in bulk for less than $1.00 per device. The ABC will not sell or provide kits and does not recommend or endorse any specific company that does. This means that covered licensees are responsible for selecting and procuring their own testing kits.
Type 48 license holders must also post a warning in their establishments that states: “Don’t get roofied! Drink spiking drug test kits available here. Ask a staff member for details.” The sign must be placed in prominent and conspicuous location. This means the sign must be clearly visible and readable to patrons. California’s ABC provides a printable version of such a sign on its website at: https://www.abc.ca.gov/wp-content/uploads/2024/01/ABC-1013-N.pdf.i
The new law also provides that a Type 48 licensee cannot be held liable for a defective test or inaccurate test result, including, but not limited to, a false positive or false negative test result.
A violation of the new law is not a crime. However, if a covered license holder violates the law, the ABC may impose an administrative action, which may impact the holder’s license.
The new law is scheduled to be repealed on January 1, 2027 unless otherwise extended by the Legislature. Covered license holders with questions about this new law are encouraged to contact the ABC or consult with their legal counsel.