AB 2389: Alcoholic beverages: on-sale general - eating place and on-sale general public premises: drug reporting.

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, beginning July 1, 2024, requires 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 those devices and requires the licensee to post a related notice containing specified language in a prominent and conspicuous location. Existing law prohibits a Type 48 licensee from being held liable for a defective test or inaccurate test result. Existing law repeals the above-described provisions on January 1, 2027.

This bill would require an applicant for a new permanent Type 48 license or the holder of an existing Type 48 license 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 defined. The bill would also require the licensee or a member of the staff to, upon contacting law enforcement or emergency medical services, follow any instructions provided and monitor the customer until law enforcement or emergency medical services arrive at the premises, as specified. The bill would specify that a violation of its provisions is not a crime.