New California law will require bars, nightclubs to offer drug-testing devices

(FOX40.COM) — A new state law will require bars and nightclubs to offer drug-testing devices for customers to check for certain substances in their drinks.

Under the new law, “type 48” alcohol license holders are required to make drug testing kits available for patrons to test for common date-rape drugs, often offered to as “roofies,” according to the California Department of Alcoholic Beverage Control (ABC). 

The law will take effect beginning July 1. 

“Type 48” alcohol licenses are issued to bars and night clubs in California. Those type of licenses authorizes beer, wine and spirit sales for consumption on the premises where sold, according to officials.  

Food service is not required and minors are not allowed on the premises for businesses with those licenses, officials said. 

Drug testing kits will include test strips, stickers, straws or other devices designed to detect the presence of controlled substances in drinks. Controlled substances that could be detected by the kits includes but are not limited to flunitrazepam, ketamine, and gamma hydroxybutyric acid. 

License holders should ensure testing kits offered don’t exceed its expiration date or recommended period of use under the law.

Bars and nightclubs that don’t comply with the new law could face consequences impacting their licenses, officials said. 

Officials said license holders won’t be liable for a defective test or inaccurate test result.

When the law takes effect, officials said “type 48” alcohol license holders are mandated to display signage about the test kits “in a prominent and conspicuous location.”

Officials said the signage will display a message that reads: “Don’t get roofied! Drink spiking drug test kits available here. Ask a staff member for details.” 

The law will impact approximately 2,400 businesses across California, according to ABC. 

“Licensees will be responsible for procuring testing kits,” ABC said in a press release. “ABC does not sell or provide kits, and does not recommend or endorse any specific company that does.” 

The law was introduced by Assembly member Josh Lowenthal (D-Long Beach) as Assembly Bill 1013. The bill was signed into law by Governor Gavin Newsom on Oct. 7, 2023. 

“Although drink spiking can occur in almost any setting, it is more common in bars and nightclubs that serve alcoholic beverages. “Lowenthal, who is also a bar and restaurant owner, said in an April statement. “Type 48 licenses are the primary operators of these types of establishments.”