California 2023-2024 Regular Session

California Assembly Bill AB2375 Compare Versions

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1-Assembly Bill No. 2375 CHAPTER 714An act to amend Section 25624 of, and to add and repeal Section 25625 of, the Business and Professions Code, relating to alcoholic beverages. [ Approved by Governor September 27, 2024. Filed with Secretary of State September 27, 2024. ] LEGISLATIVE COUNSEL'S DIGESTAB 2375, Lowenthal. Alcoholic beverages: on-sale general public premises: drink lids.Existing law, 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 makes a violation of the act a misdemeanor and grounds for suspension or revocation of a license, except as specified.Existing law authorizes the issuance of on-sale general public premises (Type 48) licenses, which authorize, as specified, the sale of beer, wine, and distilled spirits for consumption on the licensed premises. Existing law, commencing July 1, 2024, until January 1, 2027, requires an applicant for a new permanent Type 48 license and the holder of an existing Type 48 license to offer drug testing devices for sale to their customers and to post a related notice containing specified language, as specified.This bill would also, commencing July 1, 2025, until January 1, 2027, require an applicant for a new permanent Type 48 license and the holder of an existing Type 48 license to, upon request, provide a lid with a customers drink. The bill would require a licensee to post a related notice containing specified language in a prominent and conspicuous location and would make a conforming change to the above-described notice requirement related to drug testing devices. The bill would authorize the licensee to charge an additional fee for providing a lid with a customers drink and would prohibit the fee from exceeding the reasonable cost of providing the lid, as specified. The bill would specify that a violation of this provision is not a crime.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 25624 of the Business and Professions Code is amended to read:25624. (a) For purposes of this section, the following definitions apply:(1) Drug testing devices means test strips, stickers, straws, and other devices designed to detect the presence of controlled substances in a drink.(2) Controlled substances includes, but is 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.(b) 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 those devices.(c) A licensee subject to subdivision (b) shall post the following notice in a prominent and conspicuous location:Dont get roofied! Drink lids and drink spiking drug test kits available here. Ask a staff member for details.(d) This section does not prevent a Type 48 licensee from offering drug testing devices to their customers free of charge.(e) 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.(f) 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.(g) Notwithstanding Section 25617, a violation of this section is not a crime.(h) The department shall post on its internet website a link to a page that contains information about the requirements of this section, including, but not limited to, the signage that is required to be posted and the types of drug testing devices that are required to be available on a Type 48 licensed premises.(i) This section shall be operative on July 1, 2024, and shall be repealed on January 1, 2027.SEC. 2. Section 25625 is added to the Business and Professions Code, immediately following Section 25624, to read:25625. (a) (1) An applicant for a new permanent on-sale general public premises (Type 48) license or the holder of an existing Type 48 license shall, upon request, provide a lid with a customers drink. For purposes of this section, lid means a removable cover of any size that attaches to the rim of a beverage. The lid is not required to fit all containers in which alcoholic beverages are served on the premises but shall fit at least one.(2) A licensee subject to this subdivision shall post the following notice in a prominent and conspicuous location:Dont get roofied! Drink lids and drink spiking drug test kits available here. Ask a staff member for details.(b) The licensee may charge an additional fee for providing a lid with a customers drink, which shall not exceed a reasonable amount based on the wholesale cost of those lids.(c) This section does not prevent a Type 48 licensee from offering lids to their customers free of charge.(d) Notwithstanding Section 25617, a violation of this section is not a crime.(e) A sole violation of this section, including the notice requirement in this section, shall result only in a warning by the department for the first offense.(f) This section shall become operative July 1, 2025, and shall remain in effect only until January 1, 2027, and as of that date is repealed.
1+Enrolled September 03, 2024 Passed IN Senate August 28, 2024 Passed IN Assembly August 29, 2024 Amended IN Senate June 26, 2024 Amended IN Assembly May 20, 2024 Amended IN Assembly April 09, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2375Introduced by Assembly Members Lowenthal, Gipson, and Low(Coauthors: Assembly Members Davies, Lackey, and McKinnor)February 12, 2024An act to amend Section 25624 of, and to add and repeal Section 25625 of, the Business and Professions Code, relating to alcoholic beverages. LEGISLATIVE COUNSEL'S DIGESTAB 2375, Lowenthal. Alcoholic beverages: on-sale general public premises: drink lids.Existing law, 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 makes a violation of the act a misdemeanor and grounds for suspension or revocation of a license, except as specified.Existing law authorizes the issuance of on-sale general public premises (Type 48) licenses, which authorize, as specified, the sale of beer, wine, and distilled spirits for consumption on the licensed premises. Existing law, commencing July 1, 2024, until January 1, 2027, requires an applicant for a new permanent Type 48 license and the holder of an existing Type 48 license to offer drug testing devices for sale to their customers and to post a related notice containing specified language, as specified.This bill would also, commencing July 1, 2025, until January 1, 2027, require an applicant for a new permanent Type 48 license and the holder of an existing Type 48 license to, upon request, provide a lid with a customers drink. The bill would require a licensee to post a related notice containing specified language in a prominent and conspicuous location and would make a conforming change to the above-described notice requirement related to drug testing devices. The bill would authorize the licensee to charge an additional fee for providing a lid with a customers drink and would prohibit the fee from exceeding the reasonable cost of providing the lid, as specified. The bill would specify that a violation of this provision is not a crime.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 25624 of the Business and Professions Code is amended to read:25624. (a) For purposes of this section, the following definitions apply:(1) Drug testing devices means test strips, stickers, straws, and other devices designed to detect the presence of controlled substances in a drink.(2) Controlled substances includes, but is 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.(b) 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 those devices.(c) A licensee subject to subdivision (b) shall post the following notice in a prominent and conspicuous location:Dont get roofied! Drink lids and drink spiking drug test kits available here. Ask a staff member for details.(d) This section does not prevent a Type 48 licensee from offering drug testing devices to their customers free of charge.(e) 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.(f) 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.(g) Notwithstanding Section 25617, a violation of this section is not a crime.(h) The department shall post on its internet website a link to a page that contains information about the requirements of this section, including, but not limited to, the signage that is required to be posted and the types of drug testing devices that are required to be available on a Type 48 licensed premises.(i) This section shall be operative on July 1, 2024, and shall be repealed on January 1, 2027.SEC. 2. Section 25625 is added to the Business and Professions Code, immediately following Section 25624, to read:25625. (a) (1) An applicant for a new permanent on-sale general public premises (Type 48) license or the holder of an existing Type 48 license shall, upon request, provide a lid with a customers drink. For purposes of this section, lid means a removable cover of any size that attaches to the rim of a beverage. The lid is not required to fit all containers in which alcoholic beverages are served on the premises but shall fit at least one.(2) A licensee subject to this subdivision shall post the following notice in a prominent and conspicuous location:Dont get roofied! Drink lids and drink spiking drug test kits available here. Ask a staff member for details.(b) The licensee may charge an additional fee for providing a lid with a customers drink, which shall not exceed a reasonable amount based on the wholesale cost of those lids.(c) This section does not prevent a Type 48 licensee from offering lids to their customers free of charge.(d) Notwithstanding Section 25617, a violation of this section is not a crime.(e) A sole violation of this section, including the notice requirement in this section, shall result only in a warning by the department for the first offense.(f) This section shall become operative July 1, 2025, and shall remain in effect only until January 1, 2027, and as of that date is repealed.
22
3- Assembly Bill No. 2375 CHAPTER 714An act to amend Section 25624 of, and to add and repeal Section 25625 of, the Business and Professions Code, relating to alcoholic beverages. [ Approved by Governor September 27, 2024. Filed with Secretary of State September 27, 2024. ] LEGISLATIVE COUNSEL'S DIGESTAB 2375, Lowenthal. Alcoholic beverages: on-sale general public premises: drink lids.Existing law, 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 makes a violation of the act a misdemeanor and grounds for suspension or revocation of a license, except as specified.Existing law authorizes the issuance of on-sale general public premises (Type 48) licenses, which authorize, as specified, the sale of beer, wine, and distilled spirits for consumption on the licensed premises. Existing law, commencing July 1, 2024, until January 1, 2027, requires an applicant for a new permanent Type 48 license and the holder of an existing Type 48 license to offer drug testing devices for sale to their customers and to post a related notice containing specified language, as specified.This bill would also, commencing July 1, 2025, until January 1, 2027, require an applicant for a new permanent Type 48 license and the holder of an existing Type 48 license to, upon request, provide a lid with a customers drink. The bill would require a licensee to post a related notice containing specified language in a prominent and conspicuous location and would make a conforming change to the above-described notice requirement related to drug testing devices. The bill would authorize the licensee to charge an additional fee for providing a lid with a customers drink and would prohibit the fee from exceeding the reasonable cost of providing the lid, as specified. The bill would specify that a violation of this provision is not a crime.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
3+ Enrolled September 03, 2024 Passed IN Senate August 28, 2024 Passed IN Assembly August 29, 2024 Amended IN Senate June 26, 2024 Amended IN Assembly May 20, 2024 Amended IN Assembly April 09, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2375Introduced by Assembly Members Lowenthal, Gipson, and Low(Coauthors: Assembly Members Davies, Lackey, and McKinnor)February 12, 2024An act to amend Section 25624 of, and to add and repeal Section 25625 of, the Business and Professions Code, relating to alcoholic beverages. LEGISLATIVE COUNSEL'S DIGESTAB 2375, Lowenthal. Alcoholic beverages: on-sale general public premises: drink lids.Existing law, 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 makes a violation of the act a misdemeanor and grounds for suspension or revocation of a license, except as specified.Existing law authorizes the issuance of on-sale general public premises (Type 48) licenses, which authorize, as specified, the sale of beer, wine, and distilled spirits for consumption on the licensed premises. Existing law, commencing July 1, 2024, until January 1, 2027, requires an applicant for a new permanent Type 48 license and the holder of an existing Type 48 license to offer drug testing devices for sale to their customers and to post a related notice containing specified language, as specified.This bill would also, commencing July 1, 2025, until January 1, 2027, require an applicant for a new permanent Type 48 license and the holder of an existing Type 48 license to, upon request, provide a lid with a customers drink. The bill would require a licensee to post a related notice containing specified language in a prominent and conspicuous location and would make a conforming change to the above-described notice requirement related to drug testing devices. The bill would authorize the licensee to charge an additional fee for providing a lid with a customers drink and would prohibit the fee from exceeding the reasonable cost of providing the lid, as specified. The bill would specify that a violation of this provision is not a crime.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
44
5- Assembly Bill No. 2375 CHAPTER 714
5+ Enrolled September 03, 2024 Passed IN Senate August 28, 2024 Passed IN Assembly August 29, 2024 Amended IN Senate June 26, 2024 Amended IN Assembly May 20, 2024 Amended IN Assembly April 09, 2024
66
7- Assembly Bill No. 2375
7+Enrolled September 03, 2024
8+Passed IN Senate August 28, 2024
9+Passed IN Assembly August 29, 2024
10+Amended IN Senate June 26, 2024
11+Amended IN Assembly May 20, 2024
12+Amended IN Assembly April 09, 2024
813
9- CHAPTER 714
14+ CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
15+
16+ Assembly Bill
17+
18+No. 2375
19+
20+Introduced by Assembly Members Lowenthal, Gipson, and Low(Coauthors: Assembly Members Davies, Lackey, and McKinnor)February 12, 2024
21+
22+Introduced by Assembly Members Lowenthal, Gipson, and Low(Coauthors: Assembly Members Davies, Lackey, and McKinnor)
23+February 12, 2024
1024
1125 An act to amend Section 25624 of, and to add and repeal Section 25625 of, the Business and Professions Code, relating to alcoholic beverages.
12-
13- [ Approved by Governor September 27, 2024. Filed with Secretary of State September 27, 2024. ]
1426
1527 LEGISLATIVE COUNSEL'S DIGEST
1628
1729 ## LEGISLATIVE COUNSEL'S DIGEST
1830
1931 AB 2375, Lowenthal. Alcoholic beverages: on-sale general public premises: drink lids.
2032
2133 Existing law, 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 makes a violation of the act a misdemeanor and grounds for suspension or revocation of a license, except as specified.Existing law authorizes the issuance of on-sale general public premises (Type 48) licenses, which authorize, as specified, the sale of beer, wine, and distilled spirits for consumption on the licensed premises. Existing law, commencing July 1, 2024, until January 1, 2027, requires an applicant for a new permanent Type 48 license and the holder of an existing Type 48 license to offer drug testing devices for sale to their customers and to post a related notice containing specified language, as specified.This bill would also, commencing July 1, 2025, until January 1, 2027, require an applicant for a new permanent Type 48 license and the holder of an existing Type 48 license to, upon request, provide a lid with a customers drink. The bill would require a licensee to post a related notice containing specified language in a prominent and conspicuous location and would make a conforming change to the above-described notice requirement related to drug testing devices. The bill would authorize the licensee to charge an additional fee for providing a lid with a customers drink and would prohibit the fee from exceeding the reasonable cost of providing the lid, as specified. The bill would specify that a violation of this provision is not a crime.
2234
2335 Existing law, 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 makes a violation of the act a misdemeanor and grounds for suspension or revocation of a license, except as specified.
2436
2537 Existing law authorizes the issuance of on-sale general public premises (Type 48) licenses, which authorize, as specified, the sale of beer, wine, and distilled spirits for consumption on the licensed premises. Existing law, commencing July 1, 2024, until January 1, 2027, requires an applicant for a new permanent Type 48 license and the holder of an existing Type 48 license to offer drug testing devices for sale to their customers and to post a related notice containing specified language, as specified.
2638
2739 This bill would also, commencing July 1, 2025, until January 1, 2027, require an applicant for a new permanent Type 48 license and the holder of an existing Type 48 license to, upon request, provide a lid with a customers drink. The bill would require a licensee to post a related notice containing specified language in a prominent and conspicuous location and would make a conforming change to the above-described notice requirement related to drug testing devices. The bill would authorize the licensee to charge an additional fee for providing a lid with a customers drink and would prohibit the fee from exceeding the reasonable cost of providing the lid, as specified. The bill would specify that a violation of this provision is not a crime.
2840
2941 ## Digest Key
3042
3143 ## Bill Text
3244
3345 The people of the State of California do enact as follows:SECTION 1. Section 25624 of the Business and Professions Code is amended to read:25624. (a) For purposes of this section, the following definitions apply:(1) Drug testing devices means test strips, stickers, straws, and other devices designed to detect the presence of controlled substances in a drink.(2) Controlled substances includes, but is 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.(b) 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 those devices.(c) A licensee subject to subdivision (b) shall post the following notice in a prominent and conspicuous location:Dont get roofied! Drink lids and drink spiking drug test kits available here. Ask a staff member for details.(d) This section does not prevent a Type 48 licensee from offering drug testing devices to their customers free of charge.(e) 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.(f) 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.(g) Notwithstanding Section 25617, a violation of this section is not a crime.(h) The department shall post on its internet website a link to a page that contains information about the requirements of this section, including, but not limited to, the signage that is required to be posted and the types of drug testing devices that are required to be available on a Type 48 licensed premises.(i) This section shall be operative on July 1, 2024, and shall be repealed on January 1, 2027.SEC. 2. Section 25625 is added to the Business and Professions Code, immediately following Section 25624, to read:25625. (a) (1) An applicant for a new permanent on-sale general public premises (Type 48) license or the holder of an existing Type 48 license shall, upon request, provide a lid with a customers drink. For purposes of this section, lid means a removable cover of any size that attaches to the rim of a beverage. The lid is not required to fit all containers in which alcoholic beverages are served on the premises but shall fit at least one.(2) A licensee subject to this subdivision shall post the following notice in a prominent and conspicuous location:Dont get roofied! Drink lids and drink spiking drug test kits available here. Ask a staff member for details.(b) The licensee may charge an additional fee for providing a lid with a customers drink, which shall not exceed a reasonable amount based on the wholesale cost of those lids.(c) This section does not prevent a Type 48 licensee from offering lids to their customers free of charge.(d) Notwithstanding Section 25617, a violation of this section is not a crime.(e) A sole violation of this section, including the notice requirement in this section, shall result only in a warning by the department for the first offense.(f) This section shall become operative July 1, 2025, and shall remain in effect only until January 1, 2027, and as of that date is repealed.
3446
3547 The people of the State of California do enact as follows:
3648
3749 ## The people of the State of California do enact as follows:
3850
3951 SECTION 1. Section 25624 of the Business and Professions Code is amended to read:25624. (a) For purposes of this section, the following definitions apply:(1) Drug testing devices means test strips, stickers, straws, and other devices designed to detect the presence of controlled substances in a drink.(2) Controlled substances includes, but is 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.(b) 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 those devices.(c) A licensee subject to subdivision (b) shall post the following notice in a prominent and conspicuous location:Dont get roofied! Drink lids and drink spiking drug test kits available here. Ask a staff member for details.(d) This section does not prevent a Type 48 licensee from offering drug testing devices to their customers free of charge.(e) 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.(f) 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.(g) Notwithstanding Section 25617, a violation of this section is not a crime.(h) The department shall post on its internet website a link to a page that contains information about the requirements of this section, including, but not limited to, the signage that is required to be posted and the types of drug testing devices that are required to be available on a Type 48 licensed premises.(i) This section shall be operative on July 1, 2024, and shall be repealed on January 1, 2027.
4052
4153 SECTION 1. Section 25624 of the Business and Professions Code is amended to read:
4254
4355 ### SECTION 1.
4456
4557 25624. (a) For purposes of this section, the following definitions apply:(1) Drug testing devices means test strips, stickers, straws, and other devices designed to detect the presence of controlled substances in a drink.(2) Controlled substances includes, but is 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.(b) 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 those devices.(c) A licensee subject to subdivision (b) shall post the following notice in a prominent and conspicuous location:Dont get roofied! Drink lids and drink spiking drug test kits available here. Ask a staff member for details.(d) This section does not prevent a Type 48 licensee from offering drug testing devices to their customers free of charge.(e) 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.(f) 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.(g) Notwithstanding Section 25617, a violation of this section is not a crime.(h) The department shall post on its internet website a link to a page that contains information about the requirements of this section, including, but not limited to, the signage that is required to be posted and the types of drug testing devices that are required to be available on a Type 48 licensed premises.(i) This section shall be operative on July 1, 2024, and shall be repealed on January 1, 2027.
4658
4759 25624. (a) For purposes of this section, the following definitions apply:(1) Drug testing devices means test strips, stickers, straws, and other devices designed to detect the presence of controlled substances in a drink.(2) Controlled substances includes, but is 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.(b) 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 those devices.(c) A licensee subject to subdivision (b) shall post the following notice in a prominent and conspicuous location:Dont get roofied! Drink lids and drink spiking drug test kits available here. Ask a staff member for details.(d) This section does not prevent a Type 48 licensee from offering drug testing devices to their customers free of charge.(e) 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.(f) 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.(g) Notwithstanding Section 25617, a violation of this section is not a crime.(h) The department shall post on its internet website a link to a page that contains information about the requirements of this section, including, but not limited to, the signage that is required to be posted and the types of drug testing devices that are required to be available on a Type 48 licensed premises.(i) This section shall be operative on July 1, 2024, and shall be repealed on January 1, 2027.
4860
4961 25624. (a) For purposes of this section, the following definitions apply:(1) Drug testing devices means test strips, stickers, straws, and other devices designed to detect the presence of controlled substances in a drink.(2) Controlled substances includes, but is 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.(b) 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 those devices.(c) A licensee subject to subdivision (b) shall post the following notice in a prominent and conspicuous location:Dont get roofied! Drink lids and drink spiking drug test kits available here. Ask a staff member for details.(d) This section does not prevent a Type 48 licensee from offering drug testing devices to their customers free of charge.(e) 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.(f) 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.(g) Notwithstanding Section 25617, a violation of this section is not a crime.(h) The department shall post on its internet website a link to a page that contains information about the requirements of this section, including, but not limited to, the signage that is required to be posted and the types of drug testing devices that are required to be available on a Type 48 licensed premises.(i) This section shall be operative on July 1, 2024, and shall be repealed on January 1, 2027.
5062
5163
5264
5365 25624. (a) For purposes of this section, the following definitions apply:
5466
5567 (1) Drug testing devices means test strips, stickers, straws, and other devices designed to detect the presence of controlled substances in a drink.
5668
5769 (2) Controlled substances includes, but is 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.
5870
5971 (b) 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 those devices.
6072
6173 (c) A licensee subject to subdivision (b) shall post the following notice in a prominent and conspicuous location:
6274
6375 Dont get roofied! Drink lids and drink spiking drug test kits available here. Ask a staff member for details.
6476
6577 (d) This section does not prevent a Type 48 licensee from offering drug testing devices to their customers free of charge.
6678
6779 (e) 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.
6880
6981 (f) 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.
7082
7183 (g) Notwithstanding Section 25617, a violation of this section is not a crime.
7284
7385 (h) The department shall post on its internet website a link to a page that contains information about the requirements of this section, including, but not limited to, the signage that is required to be posted and the types of drug testing devices that are required to be available on a Type 48 licensed premises.
7486
7587 (i) This section shall be operative on July 1, 2024, and shall be repealed on January 1, 2027.
7688
7789 SEC. 2. Section 25625 is added to the Business and Professions Code, immediately following Section 25624, to read:25625. (a) (1) An applicant for a new permanent on-sale general public premises (Type 48) license or the holder of an existing Type 48 license shall, upon request, provide a lid with a customers drink. For purposes of this section, lid means a removable cover of any size that attaches to the rim of a beverage. The lid is not required to fit all containers in which alcoholic beverages are served on the premises but shall fit at least one.(2) A licensee subject to this subdivision shall post the following notice in a prominent and conspicuous location:Dont get roofied! Drink lids and drink spiking drug test kits available here. Ask a staff member for details.(b) The licensee may charge an additional fee for providing a lid with a customers drink, which shall not exceed a reasonable amount based on the wholesale cost of those lids.(c) This section does not prevent a Type 48 licensee from offering lids to their customers free of charge.(d) Notwithstanding Section 25617, a violation of this section is not a crime.(e) A sole violation of this section, including the notice requirement in this section, shall result only in a warning by the department for the first offense.(f) This section shall become operative July 1, 2025, and shall remain in effect only until January 1, 2027, and as of that date is repealed.
7890
7991 SEC. 2. Section 25625 is added to the Business and Professions Code, immediately following Section 25624, to read:
8092
8193 ### SEC. 2.
8294
8395 25625. (a) (1) An applicant for a new permanent on-sale general public premises (Type 48) license or the holder of an existing Type 48 license shall, upon request, provide a lid with a customers drink. For purposes of this section, lid means a removable cover of any size that attaches to the rim of a beverage. The lid is not required to fit all containers in which alcoholic beverages are served on the premises but shall fit at least one.(2) A licensee subject to this subdivision shall post the following notice in a prominent and conspicuous location:Dont get roofied! Drink lids and drink spiking drug test kits available here. Ask a staff member for details.(b) The licensee may charge an additional fee for providing a lid with a customers drink, which shall not exceed a reasonable amount based on the wholesale cost of those lids.(c) This section does not prevent a Type 48 licensee from offering lids to their customers free of charge.(d) Notwithstanding Section 25617, a violation of this section is not a crime.(e) A sole violation of this section, including the notice requirement in this section, shall result only in a warning by the department for the first offense.(f) This section shall become operative July 1, 2025, and shall remain in effect only until January 1, 2027, and as of that date is repealed.
8496
8597 25625. (a) (1) An applicant for a new permanent on-sale general public premises (Type 48) license or the holder of an existing Type 48 license shall, upon request, provide a lid with a customers drink. For purposes of this section, lid means a removable cover of any size that attaches to the rim of a beverage. The lid is not required to fit all containers in which alcoholic beverages are served on the premises but shall fit at least one.(2) A licensee subject to this subdivision shall post the following notice in a prominent and conspicuous location:Dont get roofied! Drink lids and drink spiking drug test kits available here. Ask a staff member for details.(b) The licensee may charge an additional fee for providing a lid with a customers drink, which shall not exceed a reasonable amount based on the wholesale cost of those lids.(c) This section does not prevent a Type 48 licensee from offering lids to their customers free of charge.(d) Notwithstanding Section 25617, a violation of this section is not a crime.(e) A sole violation of this section, including the notice requirement in this section, shall result only in a warning by the department for the first offense.(f) This section shall become operative July 1, 2025, and shall remain in effect only until January 1, 2027, and as of that date is repealed.
8698
8799 25625. (a) (1) An applicant for a new permanent on-sale general public premises (Type 48) license or the holder of an existing Type 48 license shall, upon request, provide a lid with a customers drink. For purposes of this section, lid means a removable cover of any size that attaches to the rim of a beverage. The lid is not required to fit all containers in which alcoholic beverages are served on the premises but shall fit at least one.(2) A licensee subject to this subdivision shall post the following notice in a prominent and conspicuous location:Dont get roofied! Drink lids and drink spiking drug test kits available here. Ask a staff member for details.(b) The licensee may charge an additional fee for providing a lid with a customers drink, which shall not exceed a reasonable amount based on the wholesale cost of those lids.(c) This section does not prevent a Type 48 licensee from offering lids to their customers free of charge.(d) Notwithstanding Section 25617, a violation of this section is not a crime.(e) A sole violation of this section, including the notice requirement in this section, shall result only in a warning by the department for the first offense.(f) This section shall become operative July 1, 2025, and shall remain in effect only until January 1, 2027, and as of that date is repealed.
88100
89101
90102
91103 25625. (a) (1) An applicant for a new permanent on-sale general public premises (Type 48) license or the holder of an existing Type 48 license shall, upon request, provide a lid with a customers drink. For purposes of this section, lid means a removable cover of any size that attaches to the rim of a beverage. The lid is not required to fit all containers in which alcoholic beverages are served on the premises but shall fit at least one.
92104
93105 (2) A licensee subject to this subdivision shall post the following notice in a prominent and conspicuous location:
94106
95107 Dont get roofied! Drink lids and drink spiking drug test kits available here. Ask a staff member for details.
96108
97109 (b) The licensee may charge an additional fee for providing a lid with a customers drink, which shall not exceed a reasonable amount based on the wholesale cost of those lids.
98110
99111 (c) This section does not prevent a Type 48 licensee from offering lids to their customers free of charge.
100112
101113 (d) Notwithstanding Section 25617, a violation of this section is not a crime.
102114
103115 (e) A sole violation of this section, including the notice requirement in this section, shall result only in a warning by the department for the first offense.
104116
105117 (f) This section shall become operative July 1, 2025, and shall remain in effect only until January 1, 2027, and as of that date is repealed.