According to a new announcement from the California Department of Alcoholic Beverage Control (ABC), a new law requiring many bars to have drug testing kits available for date-rape drugs such as roofies is to go into effect on July 1st, with many affected bars and night clubs affected by the law to come into compliance by then.
The new law dates back to last year when Assembly Bill 1013, authored by Assemblyman Josh Lowenthal (D-Long Beach), was introduced in the Assembly. The bill would specifically require an applicant for a new permanent on-sale general public premises license or the holder of that type of 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 those devices. AB 1013 would also require a licensee to post a related notice containing specified language in a prominent and conspicuous location and would prohibit a licensee from being held liable for a defective test or inaccurate test result.
“The under-reported epidemic of drink spiking or roofying continues to plague California and the world. Unfortunately, drink spiking is often used to facilitate the commission of other crimes, such as sexual assault and rape,” said Assemblyman Lowenthal in a statement last year. “While anyone can have their drink spiked, the targets of this act are all too often women and LGBTQ+. Although drink spiking can occur in almost any setting, it is more common in bars and nightclubs that serve alcoholic beverages. Type 48 licensees are the primary operators of these types of establishments.”
AB 1013 had massive bipartisan support, and passed both the Assembly and Senate unanimously before being signed into law by Governor Gavin Newsom late last year. By this time, language had also been refined. The new law would impact approximately 2,400 licensees across California through Type 48 licenses, which are issued to bars and night clubs. Signage language was also agreed on, with signs to say “Don’t get roofied! Drink spiking drug test kits available here. Ask a staff member for details.”
However, the passage of AB 1013 also began the clock on compliance, with a hard July 1st date being set. This week, the ABC announced that there is only a few months left for compliance, with bars and night clubs quickly working to get into compliance.
AB 1013 in effect
“This didn’t come out of nowhere,” said Louis, a bar owner in Oakland to the Globe on Thursday. “But getting the test kits isn’t a cakewalk for some. So, for some of us, it’s just a matter of ordering a bunch of kits online and printing out that new required sign. We aren’t being reimbursed by the state for these kits, but we will be able to write them off as a business expense. They aren’t crazy expensive, but the strips are a bit more sophisticated than, say, a litmus strip. Cost per strip, Jesus, it can range from under a quarter a strip to 50 cents. 75 cents. Depends where you get them, if you buy in bulk, brand, all that. It won’t kill us, but you know, it is an extra expense for us now.”
“And we get it. There are these pieces of trash that do try to roofie men and women. More oftentimes women, but it affects everyone. And before this, bars worth their salt also had some strips lying around too, like mine. Putting a napkin or coaster above a drink when you walk away for a minute, having a friend watch it, asking the bartender to put it behind the counter for them. Those are effective, but you know, it isn’t 100% either. You’d be surprised some of the methods these creeps use.”
“This seems like a simple fix that everyone should get compliant with months in advance, but there is a bunch of factors. You know, there can be a change of management unaware of the new law. The owner may not have a good grasp of English and overlook it. That’s the sort of thing that could result in violations. So many will be ordering frantically in June.”
“We’re ready. And you know, owners like me, this isn’t that big a deal to comply. We want our customers to be safe, and too many creeps have done this so now people need to ask for strips just in case. And if we catch them, we need tougher laws on them. We have cameras and bartenders real good with faces and behavior. The strips are good, but we need to go after these people that do this harder too.”
AB 1013 will go into effect on July 1st.
View Comments (4)
Reasonable...x3, x4, x10?
"...offer for sale to their customers drug testing devices at a cost not to exceed a reasonable amount based on the wholesale cost of those devices..."
In my bartending days, one dollar of revenue from hard alcohol cost the house 17 cents in ingredients, so 5x or 6x mark up sounds reasonable.
Considering the lack of ethics among lawyers, maybe members of the State Bar of California need to be drug tested?
Had this happen to a female office worker I knew...a horrible experience for her.
But how would this work? Out on a date- go to the bathroom, and “just to make sure” you test your drink when you get back? Would you call the police if there was a positive test? And would the police even respond? And what about negative tests? How would anyone react?
No wonder modern relationships are so hard.