Josh Lowenthal

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, until January 1, 2027, requires an applicant for a new permanent on-sale general public premises (Type 48) license and the holder of an existing Type 48 license to offer drug testing devices and drink lids to their customers and to post a related notice, as specified. Existing law also requires those applicants and licensees to contact and provide specified information to law enforcement or emergency medical services when they are notified by a customer that the customer or another customer believes they have been a victim of drink spiking, as specified.

This bill would, commencing July 1, 2026, until January 1, 2029, require any person who obtains a catering authorization or daily on-sale license for the sale of alcoholic beverages at a large outdoor event, as defined, to comply with the above-described drink spiking requirements. The bill would require a licensee to comply with all manufacturer instructions relating to testing devices, as specified, and would specify that a licensee who complies with the manufacturer's instructions shall not be held liable for a defective test or inaccurate test result. The bill would specify that a violation of its provisions is not a crime and would specify that a first violation would result only in a warning by the department.