Starting Tuesday, a new law will require many California bars and nightclubs to offer common date-rape drug test kits to protect patrons from the dangers of drink spiking. The California Department of Alcoholic Beverage Control (ABC) has confirmed that the implementation of Assembly Bill 1013 will affect approximately 2,400 establishments statewide.

Key Provisions of Assembly Bill 1013:

1. Mandatory Availability of Drug Testing Kits: Establishments holding a Type 48 license, which permits the sale of beer, wine, and distilled spirits, must offer drug testing kits to their patrons. These kits are designed to detect the presence of controlled substances commonly used in drink spiking.

2. Signage Requirement: The law mandates that these establishments display clear signage to inform patrons about the availability of drug testing kits. The required notice reads:

“Don’t get roofied! Drink spiking drug test kits are available here. Ask a staff member for details.”

3. Distribution of Kits: Drug testing devices will either be available for purchase at a reasonable price or provided free of charge to customers. The devices could include test strips, stickers, or straws capable of detecting substances like flunitrazepam, ketamine, and gamma hydroxybutyric acid (GHB).

4. Liability and Product Validity: License holders are protected from liability for defective or inaccurate test results. Additionally, establishments must ensure that all testing devices offered to customers are within their expiration date or recommended period of use.

Legislative Intent and Public Safety

The primary goal of AB 1013 is to enhance public safety by empowering individuals to protect themselves against drug-facilitated crimes. By making drug testing devices readily available, the law aims to deter potential perpetrators and provide patrons with tools to detect harmful substances in their drinks.

Impact on Establishments

A Type 48 license, issued by the California Department of Alcoholic Beverage Control (ABC), authorizes establishments to sell beer, wine, and distilled spirits for on-site consumption. This license is typically granted to bars, nightclubs, and similar venues that cater to adult patrons. Unlike other types of liquor licenses that may include provisions for serving food, a Type 48 license specifically caters to businesses where the primary focus is on the sale and consumption of alcoholic beverages.

Establishments holding a Type 48 license are required to adhere to strict regulations set forth by the ABC, including rules regarding the responsible service of alcohol, maintaining a safe environment for patrons, and now, under Assembly Bill 1013, offering drug testing kits to detect common date-rape drugs in drinks. Non-compliance with these regulations can result in administrative actions, which may include fines, suspensions, or even revocation of the license.

Implementation and Compliance

The California Department of Alcoholic Beverage Control will oversee the implementation of AB 1013 and provide guidance to licensed establishments to ensure compliance with the new requirements. The department’s website will feature detailed information and resources related to the law.

The California Department of Alcoholic Beverage Control warns that businesses failing to comply with the new law may face administrative actions, potentially affecting their licenses. For additional details on the bill, visit legislature.ca.gov.