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

California Assembly Bill 1013

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

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

Amended IN Assembly April 18, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 1013

Introduced by Assembly ~~Member Lowenthal~~ Members Lowenthal and Gipson
(Coauthors: Assembly Members Davies, Lackey, and Ta)

February 15, 2023

An act to add and repeal Section 25624 to 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 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 devices at a cost not to exceed a reasonable amount based on the wholesale cost of the drug testing devices. The bill would require a licensee to post a notice about that requirement in ~~all restrooms~~ a prominent and conspicuous location in each restroom and at each entrance and exit available to the ~~public or in prominent and conspicuous locations, as specified.~~ public. By expanding the scope of an existing crime, the bill would impose a state-mandated local program. The bill 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.

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

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 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 the drug testing devices.

(b) ~~(1)~~The licensee shall post a notice regarding the requirements of subdivision (a) in a prominent and conspicuous location ~~in all~~ 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.
(2)If no restroom is available to the public, the licensee shall post a notice regarding the requirements of subdivision (a) in at least ____ prominent and conspicuous locations on the premises where the license is held.

(c) ~~Nothing in this~~ This section ~~shall~~ does not prevent a Type 48 licensee from offering drug testing devices to their customers free of charge.

(d) For purposes of this section, “drug testing devices” means test strips, stickers, straws, and other devices designed to detect the presence of controlled substances in a drink. Controlled substances 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.

(e) This section 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.