CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1013Introduced by Assembly Member LowenthalFebruary 15, 2023 An act to add Section 25624 to the Business and Professions Code, relating to alcoholic beverages. LEGISLATIVE COUNSEL'S DIGESTAB 1013, as introduced, 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 available to the public or in prominent and conspicuous locations, as specified. By expanding the scope of an existing crime, the bill would impose a state-mandated local program. 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe 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 restrooms 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 section shall 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. SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1013Introduced by Assembly Member LowenthalFebruary 15, 2023 An act to add Section 25624 to the Business and Professions Code, relating to alcoholic beverages. LEGISLATIVE COUNSEL'S DIGESTAB 1013, as introduced, 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 available to the public or in prominent and conspicuous locations, as specified. By expanding the scope of an existing crime, the bill would impose a state-mandated local program. 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Assembly Bill
No. 1013
Introduced by Assembly Member LowenthalFebruary 15, 2023
Introduced by Assembly Member Lowenthal
February 15, 2023
An act to add Section 25624 to the Business and Professions Code, relating to alcoholic beverages.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1013, as introduced, 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 available to the public or in prominent and conspicuous locations, as specified. By expanding the scope of an existing crime, the bill would impose a state-mandated local program. 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.
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 available to the public or in prominent and conspicuous locations, as specified. By expanding the scope of an existing crime, the bill would impose a state-mandated local program.
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.
## Digest Key
## Bill Text
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 restrooms 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 section shall 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. SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
The people of the State of California do enact as follows:
## 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 restrooms 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 section shall 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.
SECTION 1. Section 25624 is added to the Business and Professions Code, to read:
### SECTION 1.
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 restrooms 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 section shall 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.
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 restrooms 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 section shall 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.
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 restrooms 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 section shall 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.
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 restrooms 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 section shall 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.
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
### SEC. 2.