Jan 22, 2024

Type 48 Licenses: New Signage and Product Requirements Take Effect July 1, 2024

As part of an effort to protect individuals from being unknowingly drugged or becoming victim to other crimes that often ensue, Type 48 license holders will soon be required to post a new sign on their premises and offer drug testing kits capable of detecting certain specified controlled substances in a beverage (commonly used to “spike” drinks and are often referred to as “date rape” drugs or “roofies”).

Disclaimer: Industry advisories are not regulatory, nor do they have the force of law. These advisories merely provide information about a statute or regulation. Please consult the statute, regulation, and/or an attorney before taking any action to ensure compliance with the law.

On July 1, 2024, AB 1013 (Lowenthal, Chapter 353, Statutes of 2023) will go into effect. This new law will require Type 48 license holders and applicants (including those issued an interim operating permit) to make drug testing devices available to their customers (such as test strips, stickers, straws, or other device types that are designed to detect the presence of controlled substances in a drink), which have not exceeded their expiration date or recommended period of use, that test for “controlled substances” commonly used to spike drinks. These controlled substances may 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. The drug testing devices must either be available for sale to customers, at a price not to exceed a reasonable amount based on the wholesale cost, or be given to customers free of charge.

In addition to offering the drug testing kits, the license holder or applicant must post the following notice verbatim in a prominent and conspicuous location on their licensed premises:

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

Note: You may access a printable version of this sign as a PDF download.

Violations of this law are not criminal offenses but may result in administrative citation against the license. While it is the obligation of a type 48 licensee or applicant to ensure the testing devices offered to customers have not exceeded their expiration date or recommended period of use according to the product manufacturer or label/packaging, the license holder is not liable for defective tests or inaccurate test results, such as a false positive or false negative result.

These laws are scheduled to repeal on January 1, 2027 unless otherwise extended by the Legislature.

Frequently Asked Questions

The sign must be placed in a prominent and conspicuous location. What does or does not qualify as prominent and conspicuous?

The sign must be both clearly visible and readable to patrons present.

Must the drug test kit test for at least all substances listed in the bill: flunitrazepam, ketamine, and GHB?

No. An individual test kit is not required to test for all three substances. As long as a licensee is offering tests that can detect at least one controlled substance that is used to drug an individual via a beverage, such as GHB, ketamine, or flunitrazepam, that would be considered compliant.

Will this law repeal on January 1, 2027?

It is currently scheduled to repeal on January 1, 2027. However, it is common for laws to have scheduled repeal dates that are subsequently extended. Check back on the Department’s website closer to the repeal date to verify the status of the law at that time.

Can ABC recommend any drug testing device manufacturers or specific products?

No, the Department cannot choose certain manufacturers over others. However, there are drug testing devices that can be readily purchased in bulk for less than $1.00 per device. The test strips that are the most common and widely available test for GHB and ketamine.

Contact

Additional information may be obtained by contacting:

Alcoholic Beverage Control
3927 Lennane Drive, Suite 100
Sacramento, CA 95834

Email us at headquarters@abc.ca.gov
Call (916) 419-2500