AB 1982

Introduced by Assembly Member Lowenthal
(Coauthors: Assembly Members Davies and Blanca Rubio)
(Coauthor: Senator Rubio)
 An act to amend Sections 25624 and 25625 of the Business and Professions Code, relating to alcoholic beverages.
alcoholic beverages
On-sale general public premises: drink lids and drug testing devices.
The Alcoholic Beverage Control Act, administered by the Department of Alcoholic Beverage Control, regulates the application for, the issuance of, the suspension of, and the conditions imposed upon, various alcoholic beverage licenses. The act requires an applicant for a new permanent on-sale general public premises (Type 48) license or the holder of an existing Type 48 license to offer for sale to their customers drink lids and drug testing devices at a cost not to exceed a reasonable amount based on the wholesale cost of those lids and devices and to post a specific notice about the availability of the drink lids and drug testing devices. The act defines “drug testing devices” for this purpose to mean specified devices designed to detect the presence of controlled substances in
			 a drink. The act requires the department to post on its internet website a link to a page that contains information about the drug testing device requirements.
The act repeals these requirements on January 1, 2027.
This bill would instead require one of 2 specified notices about the availability of the drink lids and drug testing devices to be posted and would repeal the January 1, 2027, sunset date, thereby indefinitely extending these requirements.
The people of the State of California do enact as follows:
SECTION 1.
Section 25624 of the
Business and Professions Code
 is amended to read:
25624.
(a) For the purposes of this section, the following definitions apply:
(1) “Drug testing devices” means test strips, stickers, straws, and other devices designed to detect the presence of controlled substances in a drink.
(2) “Controlled substances” includes, but is 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.
(b) An applicant for a new permanent on-sale general public premises (Type 48) license or the holder of an existing Type 48 license shall offer for sale to their customers drug testing devices at a cost not to exceed a reasonable amount based on the wholesale cost of those devices.
(c) A licensee subject to subdivision (b) shall post either of the following notices in a prominent and conspicuous location:
(1) “Don’t get roofied! Drink lids and drink spiking drug test kits available here. Ask a staff member for details.”
(2) “Drink spiking is a crime we take seriously. Concerned about your drink? Drink lids and test kits are available—ask a staff member for details.”
(d) This section does not prevent a Type 48 licensee from offering drug testing devices to their customers free of charge.
(e) A Type 48 licensee shall not be held liable for a defective test or inaccurate test result, including, but not limited to, a false positive or false negative test result.
(f) A Type 48 licensee shall 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.
(g) Notwithstanding Section 25617, a violation of this section is not a crime.
(h) The department shall post on its
						internet website a link to a page that contains information about the requirements of this section, including, but not limited to, the signage that is required to be posted and the types of drug testing devices that are required to be available on a Type 48 licensed premises.
SEC. 2.
Section 25625 of the
Business and Professions Code
 is amended to read:
25625.
(a) (1) An applicant for a new permanent on-sale general public premises (Type 48) license or the holder of an existing Type 48 license shall, upon request, provide a lid with a customer’s drink. For purposes of this section, “lid” means a removable cover of any size that attaches to the rim of a beverage. The lid is not required to fit all containers in which alcoholic beverages are served on the premises but shall fit at least one.
(2) A licensee subject to this subdivision shall post either of the following notices in a prominent and conspicuous location:
(A) “Don’t get roofied! Drink lids and drink spiking
						drug test kits available here. Ask a staff member for details.”
(B) “Drink spiking is a crime we take seriously. Concerned about your drink? Drink lids and test kits are available—ask a staff member for details.”
(b) The licensee may charge an additional fee for providing a lid with a customer’s drink, which shall not exceed a reasonable amount based on the wholesale cost of those lids.
(c) This section does not prevent a Type 48 licensee from offering lids to their customers free of charge.
(d) Notwithstanding Section 25617, a violation of this section is not a crime.
(e) A sole violation of
						this section, including the notice requirement in this section, shall result only in a warning by the department for the first offense.