Amended  IN  Assembly  May 15, 2023
Amended  IN  Assembly  April 18, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 1013

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

February 15, 2023

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 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 a prominent and conspicuous location in each restroom and at each entrance and exit available to the public. 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 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) 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) This section does not prevent a Type 48 licensee from offering drug testing devices to their customers free of charge.
(d) 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) 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.

(d)

(f) 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)

(g) 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.