Bill Text: CA AB1013 | 2023-2024 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: On-sale general public premises: drug testing devices.

Spectrum: Bipartisan Bill

Status: (Passed) 2023-10-07 - Chaptered by Secretary of State - Chapter 353, Statutes of 2023. [AB1013 Detail]

Download: California-2023-AB1013-Amended.html

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Amended  IN  Senate  June 28, 2023

Amended  IN  Senate  June 13, 2023

Amended  IN  Assembly  May 15, 2023

Amended  IN  Assembly  April 18, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 1013

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Introduced by Assembly Members Lowenthal and Gipson
(Coauthors: Assembly Members Davies, Dixon, Lackey, Muratsuchi, and Ta)

February 15, 2023

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An act to add and repeal Section 25624 of the Business and Professions Code, relating to alcoholic beverages.

LEGISLATIVE COUNSEL'S DIGEST

AB 1013, as amended, Lowenthal. On-sale general public premises: drug testing and antitampering 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. Existing law generally provides that a violation of the act is a misdemeanor.

This bill would require 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 drug testing and antitampering devices at a cost not to exceed a reasonable amount based on the wholesale cost of those devices. The bill would require a licensee to post a related notice about that requirement containing specified language in a prominent and conspicuous location in each restroom and at each entrance and exit available to the public. location. The bill would prohibit a Type 48 licensee from being held liable for a defective test or inaccurate test result. The bill would require a Type 48 licensee to ensure that all testing devices offered to customers have not exceeded their expiration date or recommended period of use, as specified. By expanding the scope of an existing crime, the bill would impose a state-mandated local program. The bill would specify that a violation of its provisions is not a crime. The bill would require the department to post on its internet website information about the bill’s requirements, as specified. The bill would make its provisions operative on July 1, 2024, and would repeal its provisions on January 1, 2027.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YESNO  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 25624 is added to the Business and Professions Code, to read:

25624.

 (a) An For 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 and antitampering devices at a cost not to exceed a reasonable amount based on the wholesale cost of those devices.

(b)The licensee shall post a notice regarding the requirements of subdivision (a) in a prominent and conspicuous location as follows:

(1)In each of the licensed premises’ restrooms that are available to the public.

(2)At each of the licensed premises’ entrances that are available to the public.

(3)At each of the licensed premises’ exits that are available to the public.

(c) A licensee subject to subdivision (b) shall post the following notice in a prominent and conspicuous location:

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

(c)

(d) This section does not prevent a Type 48 licensee from offering drug testing devices or antitampering devices to their customers free of charge.

(d)

(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.

(e)

(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.

(f)For purposes of this section, the following definitions apply:

(1)“Antitampering devices” means covers, lids, and other devices designed to prevent an individual from tampering with or adding controlled substances to a drink.

(2)“Drug testing devices” means test strips, stickers, straws, and other devices designed to detect the presence of controlled substances in a drink.

(3)“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.

(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.

(g)

(i) This section shall be operative on July 1, 2024, and shall be repealed on January 1, 2027.

SEC. 2.

No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.