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.

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.

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 on-sale general - eating place (Type 47) or Type 48 license or the holder of an existing Type 47 or 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.

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 on-sale general - eating place (Type 47) or Type 48 license or the holder of an existing Type 47 or 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 at the licensed establishment to, upon receiving that notification, stay with the customer, as provided, 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. premises, as specified. The bill would specify that a violation of its provisions is not a crime.

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 on-sale general - eating place (Type 47) or Type 48 license or the holder of an existing Type 47 or Type 48 license to contact and provide specified information to law enforcement and 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 a member of the staff at the licensed establishment to, upon receiving that notification, stay with the customer, as provided, until law enforcement and or emergency medical services arrive at the premises. The bill would prohibit a Type 47 or Type 48 licensee from being held liable if the licensee is notified that, among other things, the customer left the premises of the licensed establishment. The bill would specify that a violation of its provisions is not a crime.

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 on-sale general - eating place (Type 47) or Type 48 license or the holder of an existing Type 47 or Type 48 license to contact and provide specified information to law enforcement and 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 a member of the staff at the licensed establishment to, upon receiving that notification, stay with the customer, as provided, until law enforcement and emergency medical services arrive at the premises. The bill would prohibit a Type 47 or Type 48 licensee from being held liable if the licensee is notified that, among other things, the customer left the premises of the licensed establishment. The bill would specify that a violation of its provisions is not a crime.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 2389

Author:(Lowenthal)

As Amended Ver:August 15, 2024

Majority vote

SUMMARY

This bill requires on-sale public premises (Type 48 – Bar, Night club) 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. This bill:

1. Requires on-sale public premises (Type 48 – Bar, Night club) licensees to contact and provide any of the following 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:
   1. A positive test result from a drug testing device.
   2. Observation of someone tampering with a customer's drink.
   3. Verbal communication to staff that a customer has been drugged.
   4. Observation of symptoms associated with the effects of drink spiking or the controlled substance use for drink spiking or controlled substances for drink spiking.
2. Requires, upon contacting law enforcement or emergency medical services, the licensee or a member of the staff to, to the best of their ability, follow any instructions, provided by law enforcement or emergency medical services personnel, and, to the best of their ability, monitor the customer until law enforcement or emergency medical services arrive at the premises to assess the customer.
3. Provides that a violation of this bill is not a crime.
4. Defines "drink spiking" to include, but is not limited to, adding a controlled substance or alcohol to a person's drink without the knowledge or consent of that person.

Senate Amendments

1) Narrow the scope of the bill to only Type 48 licensees.

2) Require, upon contacting law enforcement or emergency medical services, the licensee or a member of the staff to, to the best of their ability, follow any instructions, provided by law enforcement or emergency medical services personnel, and, to the best of their ability, monitor the customer until law enforcement or emergency medical services arrive at the premises to assess the customer.

COMMENTS

Background.

Drink Spiking. According to information provided by the author's office and various media outlets, it's difficult to find comprehensive, up-to-date statistics on the prevalence of drink-spiking/drugging, but various state officials and police departments from across the country have stated that it is a problem that needs to be addressed. For example, the Boston Police Department (BPD) issued a statement warning the public to be mindful of alcohol consumption while in the city's bars and clubs. This was after the department said it's "become aware of numerous social media posts from various individuals who state that they were victims of drink spiking at local area bars." These drugs can cause disorientation, confusion, and temporary paralysis or loss of consciousness, according to the BPD. The drugs can also make potential victims vulnerable to the intentions of a suspect. BPD officials reminded anyone going out to bars or clubs in the city to be aware of where your drink is at all times, never leaving it unattended. They also suggest making sure a drink is served directly by the bartender or server.

In California, in the previous three years, the Long Beach Department received, on average, about 25 reports per year from people who felt they had been drugged while out with friends, possibly by something slipped into their drink. In response to these reports, the City of Long Beach is launching a pilot program that will provide residents with a free test strip that can identify specific drugs in a beverage. Distribution of drug detection test strips and educational outreach will both be part of the pilot program. The test strip user drops a small amount of drink fluid onto the test strip, which changes color to a specific shade if a drug is present. The distribution of the strips and other details are still being worked out. The city's Health Department will be in charge of managing the program.

Following reports of people feeling as though they had been drugged (or "roofied") at West Hollywood nightlife establishments, the City of West Hollywood recently launched a similar program that included outreach and distribution of disposable test kits that check for illegal substances in drinks. Numerous locations (restaurants, bars, clubs, etc.) have received more than 12,000 test kits, according to reports. The test strips are free, and some bars leave containers of them out for patrons to use.

It should be noted that over the years, ABC has developed community-oriented policing approaches involving local merchants in deterring crime. It is designed in a manner that fosters and protects the health, safety, welfare, and economic well-being of the people of the State of California. Last year, Governor Newsom signed AB 1013 (Lowenthal, Chapter 253, Statutes of 2023) which requires on-sale public premises (Type 48 – Bar, Night club) licensees, until January 1, 2027 to offer for sale to their customers drug testing devices, upon request.

ABC Type 48 License (On-Sale General Public Premises (Bar, Night Club). Authorizes the sale of beer, wine and distilled spirits for consumption on the premises where sold. Authorizes the sale of beer and wine for consumption off the premises where sold. Minors may not enter and remain. Food service is not required. According to ABC's website there are approximately 2,497 Type 48 licenses in the state.

Responsible Beverage Service (RBS) Training. AB 1221 (Gonzalez Fletcher), Chapter 847, Statutes of 2017, required ABC to develop, implement, and administer a curriculum for an RBS training program and required an alcohol server to successfully complete an RBS training course offered or authorized by ABC. The program requires an employee of a licensed premises responsible for checking identifications, taking customer orders, and pouring or delivering alcoholic beverages to have a valid RBS certification after passing an exam within 60 days of the employee's first day of employment. This bill requires RBS training courses to include best practices to prevent or protect a person from drink spiking, and what to do if a person believes drink spiking has occurred.

According to the Author

According to the author's statement, "the underreported epidemic of drink spiking 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. While anyone can have their drink spiked, the targets of this act are all too often women. Although drink spiking can be perpetrated in almost any setting, a common location for this activity to take place is at restaurants, bars or night clubs, where alcoholic beverages are being served. While making sure that people have access to 'roofie test kits' is a great first step, we need to be ready for the unfortunate event of a drink testing positive for a date rape drug. For these reasons, it is paramount to ensure that 48 licensees are reporting these crimes, and also doing the best they can to stay with the victim to help and protect them from falling victim to further, horrific crimes."

Arguments in Support

According to Alcohol Justice, "this proposed bill creates a mandate for bar staff and emergency services that helps prevent the worst outcomes from drink spiking. Between preventing opportunists from taking further advantage of the victim, putting a calm and sober professional in charge and automatically triggering an emergency services call creates a secure and calm space in which the person can recover. Additionally, a person who has been drugged is often not sure they have been and/or not believed when they claim it. This bill would, again, create a situation that is more amenable to reporting drugging, that eliminates a burden of proof or persuasion from the victim, and creates legal mandates that cut through hesitation or disbelief on the part of staff."

Arguments in Opposition

None on file

FISCAL COMMENTS

According to the Senate Appropriations Committee, "unknown enforcement costs to the ABC (ABC Fund). The provisions of this bill only apply when a licensee is notified that someone in the establishment is believed to be a victim of drink spiking. The ABC currently investigates complaints involving roofying as part of their regular enforcement activity, and the department doesn't anticipate a significant number of complaints."

VOTES:

ASM GOVERNMENTAL ORGANIZATION: 21-0-1

YES: Blanca Rubio, Lackey, Addis, Bains, Lee, Davies, Dixon, Gabriel, Gipson, Haney, Jones-Sawyer, Low, McKinnor, Pacheco, Papan, Jim Patterson, Ramos, Soria, Ta, Valencia, Wallis

ABS, ABST OR NV: Cervantes

ASM APPROPRIATIONS: 14-0-1

YES: Wicks, Sanchez, Arambula, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Grayson, Haney, Hart, Pellerin, Ta, Villapudua

ABS, ABST OR NV: Jim Patterson

ASSEMBLY FLOOR: 65-0-15

YES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Davies, Dixon, Essayli, Mike Fong, Vince Fong, Friedman, Gallagher, Garcia, Gipson, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Quirk-Silva, Ramos, Rendon, Reyes, Rodriguez, Blanca Rubio, Sanchez, Santiago, Soria, Ta, Valencia, Villapudua, Waldron, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas

ABS, ABST OR NV: Bains, Cervantes, Megan Dahle, Flora, Gabriel, Grayson, Haney, Low, Mathis, Stephanie Nguyen, Petrie-Norris, Luz Rivas, Schiavo, Ting, Wallis

SENATE FLOOR: 40-0-0

YES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk

UPDATED

VERSION: August 15, 2024

CONSULTANT: Eric Johnson / G.O. / (916) 319-2531 FN: 0004811

 THIRD READING  

Bill No: AB 2389

Author: Lowenthal (D)

Amended: 8/15/24 in Senate

Vote: 21

SENATE GOVERNMENTAL ORG. COMMITTEE: 13-0, 6/25/24

AYES: Dodd, Wilk, Archuleta, Ashby, Bradford, Glazer, Nguyen, Ochoa Bogh, Padilla, Roth, Rubio, Seyarto, Smallwood-Cuevas

NO VOTE RECORDED: Alvarado-Gil, Jones, Portantino

SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/15/24

AYES: Caballero, Jones, Ashby, Becker, Bradford, Seyarto, Wahab

ASSEMBLY FLOOR: 65-0, 5/9/24 (Consent) - See last page for vote

SUBJECT: Alcoholic beverages: on-sale general - eating place and on-sale general public premises: drug reporting

SOURCE: Author

DIGEST: This bill requires on-sale public premises (Type 48 – Bar, Night club) 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.

ANALYSIS:

Existing law:

1. Establishes the Department of Alcoholic Beverage Control (ABC) and grants it exclusive authority to administer the provisions of the ABC Act in accordance with laws enacted by the Legislature. This involves licensing individuals and businesses associated with the manufacture, importation, and sale of alcoholic beverages and the collection of license fees for this purpose.
2. Provides, under the ABC Act, for the issuance of various alcoholic beverage licenses, including the imposition of fees, conditions, and restrictions in connection with the issuance of those licenses.
3. Defines an “on-sale” license as authorizing the sale of all types of alcoholic beverages; namely, beer, wine, and distilled spirits, for consumption on the premises (such as restaurants or bars). An ‘off-sale” license authorizes the sale of all types of alcoholic beverages for consumption off the premises in original sealed containers.
4. Establishes the Responsible Beverage Service (RBS) Training program that requires the Department of ABC to develop, implement, and administer a curriculum for an RBS training program for servers of alcohol and their managers, as specified. Alcohol servers are required to successfully complete an RBS training course offered or authorized by the department of ABC.
5. Requires that certain licensees, including Type 48 licensees, must maintain a sign reading, “No Person Under 21 allowed” at or near each public entrance. The sign must be visible from the exterior. In addition, a sign of like size and content must be posted at a prominent place inside the licensed premises.
6. Requires on-sale public premises (Type 48 – Bar, Night club) licensees, until January 1, 2027 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, as specified.
7. Defines “bona fide public eating place” to mean a place which is regularly and in a bona fide manner used and kept open for the serving of meals to guests for compensation and which has suitable kitchen facilities connected therewith, containing conveniences for cooking an assortment of foods which may be required for ordinary meals, the kitchen of which must be kept in a sanitary condition with the proper amount of refrigeration for keeping of food on said premises and must comply with all the regulations of the local Department of Health.
8. Generally provides that a violation of the ABC act is a misdemeanor.

This bill:

1. Requires on-sale public premises (Type 48 – Bar, Night club) licensees to contact and provide any of the following 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:
   1. A positive test result from a drug testing device.
   2. Observation of someone tampering with a customer’s drink.
   3. Verbal communication to staff that a customer has been drugged.
   4. Observation of symptoms associated with the effects of drink spiking or the controlled substance use for drink spiking or controlled substances for drink spiking.
2. Requires, upon contacting law enforcement or emergency medical services, the licensee or a member of the staff to, to the best of their ability, follow any instructions, provided by law enforcement or emergency medical services personnel, and, to the best of their ability, monitor the customer until law enforcement or emergency medical services arrive at the premises to assess the customer.
3. Provides that a violation of this bill is not a crime.
4. Defines “drink spiking” to include, but is not limited to, adding a controlled substance or alcohol to a person’s drink without the knowledge or consent of that person.

Background

Author Statement. According to the author’s statement, “the underreported epidemic of drink spiking 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. While anyone can have their drink spiked, the targets of this act are all too often women. Although drink spiking can be perpetrated in almost any setting, a common location for this activity to take place is at restaurants, bars or night clubs, where alcoholic beverages are being served. While making sure that people have access to ‘roofie test kits’ is a great first step, we need to be ready for the unfortunate event of a drink testing positive for a date rape drug. For these reasons, it is paramount to ensure that 48 licensees are reporting these crimes, and also doing the best they can to stay with the victim to help and protect them from falling victim to further, horrific crimes.”

Type 48 Alcohol License. A Type 48 alcohol license, also known as an “On-Sale General Public Premises” license allows for the sale of beer, wine, and distilled spirits for consumption on the premises. These types of licenses are generally used for bars or nightclubs. Food service is not required and minors are not allowed to enter and remain. According to the Department of ABC’s website there are approximately 2,497 Type 48 licenses in the state.

Responsible Beverage Service (RBS) Training. In 2017, Governor Newsom signed AB 1221 (Gonzalez Fletcher, Chapter 847, Statutes of 2017) which required the Department of ABC, to develop, implement, and administer a curriculum for an RBS training program. The bill requires anyone that is employed at an ABC on-premises licensed establishment who is responsible for checking identifications, taking customer orders, and pouring or delivering alcoholic beverages to have a valid RBS certification from the Department of ABC by July 1, 2021. This date would be delayed by the Department of ABC until August 31, 2022 after issues arose with individuals being able to access RBS training in a timely manner and a lack of training courses in languages other than English. When announcing this extension, the Department of ABC made it clear that even after the August 31, 2022 deadline, the department would focus on an education first approach rather than seeking administrative fines on licensees.

RBS training requires alcohol servers and their managers to register in the RBS Portal, take RBS training from an approved training provider, and pass the department’s RBS exam within 60 days of their first date of employment. On-premises locations include, but are not limited to, bars, restaurants, tasting rooms, clubs, stadiums, movie theaters, hotels, and caterers. Covered licensees are required to maintain records of their various certifications, and violators are subject to unspecified “disciplinary action.”

The RBS training is currently available in English, Chinese, Hindi, Korean, Punjabi, Spanish, Tagalog, and Vietnamese. RBS certifications are valid for three years. RBS servers and license administrators with an RBS server roster will receive email notifications prior to the server’s expiration date.

Drink Spiking. According to information provided by the author’s office and various media outlets, it’s difficult to find comprehensive, up-to-date statistics on the prevalence of drink-spiking/drugging, but various state officials and police departments from across the country have stated that it is a problem that needs to be addressed. For example, the Boston Police Department (BPD) issued a statement warning the public to be mindful of alcohol consumption while in the city's bars and clubs. This was after the department said it's "become aware of numerous social media posts from various individuals who state that they were victims of drink spiking at local area bars.” These drugs can cause disorientation, confusion, and temporary paralysis or loss of consciousness, according to the BPD. The drugs can also make potential victims vulnerable to the intentions of a suspect. BPD officials reminded anyone going out to bars or clubs in the city to be aware of where your drink is at all times, never leaving it unattended. They also suggest making sure a drink is served directly by the bartender or server.

In California, in the previous three years, the Long Beach Department received, on average, about 25 reports per year from people who felt they had been drugged while out with friends, possibly by something slipped into their drink. In response to these reports, the City of Long Beach is launching a pilot program that will provide residents with a free test strip that can identify specific drugs in a beverage. Distribution of drug detection test strips and educational outreach will both be part of the pilot program. The test strip user drops a small amount of drink fluid onto the test strip, which changes color to a specific shade if a drug is present. The distribution of the strips and other details are still being worked out. The city's Health Department will be in charge of managing the program.

Following reports of people feeling as though they had been drugged (or "roofied") at West Hollywood nightlife establishments, the City of West Hollywood recently launched a similar program that included outreach and distribution of disposable test kits that check for illegal substances in drinks. Numerous locations (restaurants, bars, clubs, etc.) have received more than 12,000 test kits, according to reports. The test strips are free, and some bars leave containers of them out for patrons to use.

It should be noted that over the years, the Department of ABC has developed community-oriented policing approaches involving local merchants in deterring crime. It is designed in a manner that fosters and protects the health, safety, welfare, and economic well-being of the people of the State of California. Last year, Governor Newsom signed AB 1013 (Lowenthal, Chapter 253, Statutes of 2023) which requires on-sale public premises (Type 48 – Bar, Night club) licensees, until January 1, 2027 to offer for sale to their customers drug testing devices, upon request.

Related/Prior Legislation

AB 2375 (Lowenthal, 2024) requires on-sale public premises (Type 48 – Bar, Night Club) licensees, until January 1, 2028, to, upon, request, provide a lid with a customer’s drink, as defined. (Pending on the Senate Floor)

2402 (Lowenthal, 2024) requires RBS training courses, on or before January 1, 2027, to include best practices on how to prevent or protect a person from drink spiking, as specified. (Pending on the Senate Floor)

AB 1013 (Lowenthal, Chapter 253, Statutes of 2023) required on-sale public premises (Type 48 – Bar, Night club) licensees, until January 1, 2027 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, as specified.

AB 1221 (Gonzalez Fletcher, Chapter 847, Statutes of 2017) established the Responsible Beverage Service Training Program Act of 2017, and requires the Department of ABC to develop, implement, and administer a curriculum for an RBS training program, as specified. The bill also requires an alcohol sever, as defined, to successfully complete an RBS training course offered or authorized by the Department of ABC.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

According to the Senate Appropriations Committee, unknown enforcement costs to the Department of ABC (Alcohol Beverage Control Fund). The provisions of this bill only apply when a licensee is notified that someone in the establishment is believed to be a victim of drink spiking. The Department of ABC currently investigates complaints involving roofying as part of their regular enforcement activity, and the department doesn’t anticipate a significant number of complaints.

SUPPORT: (Verified 8/15/24)

California Alcohol Policy Alliance

Alcohol Justice

OPPOSITION: (Verified 8/15/24)

None received

ARGUMENTS IN SUPPORT: According to Alcohol Justice, “this proposed bill creates a mandate for bar staff and emergency services that helps prevent the worst outcomes from drink spiking. Between preventing opportunists from taking further advantage of the victim, putting a calm and sober professional in charge and automatically triggering an emergency services call creates a secure and calm space in which the person can recover. Additionally, a person who has been drugged is often not sure they have been and/or not believed when they claim it. This bill would, again, create a situation that is more amenable to reporting drugging, that eliminates a burden of proof or persuasion from the victim, and creates legal mandates that cut through hesitation or disbelief on the part of staff.”

ASSEMBLY FLOOR: 65-0, 5/9/24

AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Davies, Dixon, Essayli, Mike Fong, Vince Fong, Friedman, Gallagher, Garcia, Gipson, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Quirk-Silva, Ramos, Rendon, Reyes, Rodriguez, Blanca Rubio, Sanchez, Santiago, Soria, Ta, Valencia, Villapudua, Waldron, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas

NO VOTE RECORDED: Bains, Cervantes, Megan Dahle, Flora, Gabriel, Grayson, Haney, Low, Mathis, Stephanie Nguyen, Petrie-Norris, Luz Rivas, Schiavo, Ting, Wallis

Prepared by: Felipe Lopez / G.O. / (916) 651-1530

8/19/24 10:47:31

**** END ****

SENATE COMMITTEE ON

Senator Anna Caballero, Chair

2023 - 2024 Regular Session

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

Bill Summary:

AB 2389 requires on-sale general-eating place licensees (Type 47 – Restaurants) and on-sale general public premises licensees (Type 48 – Bar, Night Club) to contact and provide specified information to law enforcement or emergency medical services when they are notified by a customer that a customer or another customer believes they have been a victim of drink spiking.

*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********

The following information is revised to reflect amendments

adopted by the committee on August 15, 2024

Fiscal Impact:

Unknown enforcement costs to the Department of Alcoholic Beverage Control (ABC) (Alcohol Beverage Control Fund). The provisions of this bill only apply when a licensee is notified that someone in the establishment is believed to be a victim of drink spiking. The Department of ABC currently investigates complaints involving roofying as a part of their regular enforcement activity, and the department doesn’t anticipate a significant increase in complaints.

Committee Amendments:

Narrow scope of the bill to only Type 48 licensees.

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SENATE COMMITTEE ON

Senator Anna Caballero, Chair

2023 - 2024 Regular Session

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

Bill Summary:

AB 2389 requires on-sale general-eating place licensees (Type 47 – Restaurants) and on-sale general public premises licensees (Type 48 – Bar, Night Club) to contact and provide specified information to law enforcement or emergency medical services when they are notified by a customer that a customer or another customer believes they have been a victim of drink spiking.

Fiscal Impact:

Unknown enforcement costs to the Department of Alcoholic Beverage Control (ABC). The provisions of this bill only apply when a licensee is notified that someone in the establishment is believed to be a victim of drink spiking. The Department of ABC currently investigates complaints involving roofying as a part of their regular enforcement activity, and the department doesn’t anticipate a significant increase in complaints.

Staff notes that the Department of ABC’s activities are funded by regulatory and license fees and generally the department does not receive support from the General Fund. As this bill applies to both Type 47 licensees and Type 48 licensees, even a modest increase in the number of complaints involving roofying may significantly impact the scope of the department’s enforcement activities. To the extent this workload is not absorbable within existing resources, there may be new cost pressures that impact the department’s operating costs or future budget requests.

Background:

Type 47 Alcohol License. One of the most common license types for restaurants is a Type 47 Alcohol license (On-sale General Eating Place). The Type 47 license is specifically designated for businesses that primarily serve food. The license authorizes the sale of beer, wine, and distilled spirits for consumption on the licensed premises. The licensee must operate and maintain the licensed premises as a bona fide eating place. Minors are allowed on the premises. This license type is subject to RBS requirements and requires alcohol servers and managers of alcohol servers to be RBS certified. According to ABC’s website there are approximately 15,943 Type 47 licenses in the state.

Type 48 Alcohol License. A Type 48 alcohol license, also known as an “On-Sale General Public Premises” license allows for the sale of beer, wine, and distilled spirits for consumption on the premises. These types of licenses are generally used for bars or nightclubs. Food service is not required and minors are not allowed to enter and remain. According to the Department of ABC’s website there are approximately 2,497 Type 48 licenses in the state.

Proposed Law:

• Requires applicants for and holders of existing Type 47 or Type 48 licenses to contact and provide any of the following 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:
  • A positive test result from a drug testing device.
  • Observation of someone tampering with a customer’s drink.
  • Verbal communication to staff that a customer has been drugged.
  • Observation of symptoms associated with the effects of drink spiking or the controlled substances used for drink spiking.
  • Upon contacting law enforcement or emergency medical services, the licensee or staff member, to the best of their ability, follow any instructions provided by law enforcement or emergency medical services personnel, and to the best of their ability, monitor the customer until law enforcement or emergency medical services arrive at the premises to assess the customer.
• Provides that a violation of the above is not a crime.

Related Legislation:

AB 2375 (Lowenthal, 2024) requires Type 48 licensees to offer, upon request, a lid with a customer’s drink, as specified. AB 2375 is pending in this committee.

AB 2402 (Lowenthal, 2024) requires the Responsible Beverage Services training course, by January 1, 2027, to include best practices on how to prevent or protect a person from drink spiking. AB 2402 is pending in this committee.

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SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION

Senator Bill Dodd

Chair

2023 - 2024 Regular

Bill No: 2389 Hearing Date: 6/25/2024

SUBJECT: Alcoholic beverages: on-sale general - eating place and on-sale general public premises: drug reporting

DIGEST: This bill requires on-sale public premises (Type 48 – Bar, Night club) and on-sale general licenses – eating place (Type 47 – Restaurants) 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. Additionally, the bill requires a member of the staff at the licensed establishment to stay with the customer, who believed they have been a victim of drink spiking.

ANALYSIS:

Existing law:

1. Establishes the Department of Alcoholic Beverage Control (ABC) and grants it exclusive authority to administer the provisions of the ABC Act in accordance with laws enacted by the Legislature. This involves licensing individuals and businesses associated with the manufacture, importation, and sale of alcoholic beverages and the collection of license fees for this purpose.
2. Provides, under the ABC Act, for the issuance of various alcoholic beverage licenses, including the imposition of fees, conditions, and restrictions in connection with the issuance of those licenses.
3. Defines an “on-sale” license as authorizing the sale of all types of alcoholic beverages; namely, beer, wine, and distilled spirits, for consumption on the premises (such as restaurants or bars). An ‘off-sale” license authorizes the sale of all types of alcoholic beverages for consumption off the premises in original sealed containers.
4. Establishes the Responsible Beverage Service (RBS) Training program that requires the Department of ABC to develop, implement, and administer a curriculum for an RBS training program for servers of alcohol and their managers, as specified. Alcohol servers are required to successfully complete an RBS training course offered or authorized by the department of ABC.
5. Requires that certain licensees, including Type 48 licensees, must maintain a sign reading, “No Person Under 21 allowed” at or near each public entrance. The sign must be visible from the exterior. In addition, a sign of like size and content must be posted at a prominent place inside the licensed premises.
6. Requires on-sale public premises (Type 48 – Bar, Night club) licensees, until January 1, 2027 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, as specified.
7. Defines “bona fide public eating place” to mean a place which is regularly and in a bona fide manner used and kept open for the serving of meals to guests for compensation and which has suitable kitchen facilities connected therewith, containing conveniences for cooking an assortment of foods which may be required for ordinary meals, the kitchen of which must be kept in a sanitary condition with the proper amount of refrigeration for keeping of food on said premises and must comply with all the regulations of the local Department of Health.
8. Generally provides that a violation of the ABC act is a misdemeanor.

This bill:

1. Requires on-sale public premises (Type 48 – Bar, Night club) and on-sale general licenses – eating place (Type 47 – Restaurants) licensees to contact and provide any of the following 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:
   1. A positive test result from a drug testing device.
   2. Observation of someone tampering with a customer’s drink.
   3. Verbal communication to staff that a customer has been drugged.
   4. Observation of symptoms associated with the effects of drink spiking or the controlled substance use for drink spiking or controlled substances for drink spiking.
2. Requires, upon receiving notification from a customer that the customer or another customer believes they have been a victim of drink spiking, a member of the staff at the licensed establishment to the best of their ability, stay with the customer who believes they have been a victim of drink spiking until law enforcement or emergency medical services arrive at the premises to assess the customer, provided that the customer does not leave the premises of the licensed establishment.
3. Provides that a violation of this bill is not a crime.
4. Defines “drink spiking” to include, but is not limited to, adding a controlled substance or alcohol to a person’s drink without the knowledge or consent of that person.

Background

Author Statement. According to the author’s statement, “the underreported epidemic of drink spiking 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. While anyone can have their drink spiked, the targets of this act are all too often women. Although drink spiking can be perpetrated in almost any setting, a common location for this activity to take place is at restaurants, bars or night clubs, where alcoholic beverages are being served. While making sure that people have access to ‘roofie test kits’ is a great first step, we need to be ready for the unfortunate event of a drink testing positive for a date rape drug. For these reasons, it is paramount to ensure that Type 47 & 48 licensees are reporting these crimes, and also doing the best they can to stay with the victim to help and protect them from falling victim to further, horrific crimes.”

Type 47 Alcohol License. One of the most common license types for restaurants is a Type 47 Alcohol license (On-sale General Eating Place). The Type 47 license is specifically designated for businesses that primarily serve food. The license authorizes the sale of beer, wine, and distilled spirits for consumption on the licensed premises. The licensee must operate and maintain the licensed premises as a bona fide eating place. Minors are allowed on the premises. This license type is subject to RBS requirements and requires alcohol servers and managers of alcohol servers to be RBS certified. According to ABC’s website there are approximately 15,943 Type 47 licenses in the state.

Type 48 Alcohol License. A Type 48 alcohol license, also known as an “On-Sale General Public Premises” license allows for the sale of beer, wine, and distilled spirits for consumption on the premises. These types of licenses are generally used for bars or nightclubs. Food service is not required and minors are not allowed to enter and remain. According to the Department of ABC’s website there are approximately 2,497 Type 48 licenses in the state.

Responsible Beverage Service (RBS) Training. In 2017, Governor Newsom signed AB 1221 (Gonzalez Fletcher, Chapter 847, Statutes of 2017) which required the Department of ABC, to develop, implement, and administer a curriculum for an RBS training program. The bill requires anyone that is employed at an ABC on-premises licensed establishment who is responsible for checking identifications, taking customer orders, and pouring or delivering alcoholic beverages to have a valid RBS certification from the Department of ABC by July 1, 2021. This date would be delayed by the Department of ABC until August 31, 2022 after issues arose with individuals being able to access RBS training in a timely manner and a lack of training courses in languages other than English. When announcing this extension, the Department of ABC made it clear that even after the August 31, 2022 deadline, the department would focus on an education first approach rather than seeking administrative fines on licensees.

RBS training requires alcohol servers and their managers to register in the RBS Portal, take RBS training from an approved training provider, and pass the department’s RBS exam within 60 days of their first date of employment. On-premises locations include, but are not limited to, bars, restaurants, tasting rooms, clubs, stadiums, movie theaters, hotels, and caterers. Covered licensees are required to maintain records of their various certifications, and violators are subject to unspecified “disciplinary action.”

The RBS training is currently available in English, Chinese, Hindi, Korean, Punjabi, Spanish, Tagalog, and Vietnamese. RBS certifications are valid for three years. RBS servers and license administrators with an RBS server roster will receive email notifications prior to the server’s expiration date.

Drink Spiking. According to information provided by the author’s office and various media outlets, it’s difficult to find comprehensive, up-to-date statistics on the prevalence of drink-spiking/drugging, but various state officials and police departments from across the country have stated that it is a problem that needs to be addressed. For example, the Boston Police Department (BPD) issued a statement warning the public to be mindful of alcohol consumption while in the city's bars and clubs. This was after the department said it's "become aware of numerous social media posts from various individuals who state that they were victims of drink spiking at local area bars.” These drugs can cause disorientation, confusion, and temporary paralysis or loss of consciousness, according to the BPD. The drugs can also make potential victims vulnerable to the intentions of a suspect. BPD officials reminded anyone going out to bars or clubs in the city to be aware of where your drink is at all times, never leaving it unattended. They also suggest making sure a drink is served directly by the bartender or server.

In California, in the previous three years, the Long Beach Department received, on average, about 25 reports per year from people who felt they had been drugged while out with friends, possibly by something slipped into their drink. In response to these reports, the City of Long Beach is launching a pilot program that will provide residents with a free test strip that can identify specific drugs in a beverage. Distribution of drug detection test strips and educational outreach will both be part of the pilot program. The test strip user drops a small amount of drink fluid onto the test strip, which changes color to a specific shade if a drug is present. The distribution of the strips and other details are still being worked out. The city's Health Department will be in charge of managing the program.

Following reports of people feeling as though they had been drugged (or "roofied") at West Hollywood nightlife establishments, the City of West Hollywood recently launched a similar program that included outreach and distribution of disposable test kits that check for illegal substances in drinks. Numerous locations (restaurants, bars, clubs, etc.) have received more than 12,000 test kits, according to reports. The test strips are free, and some bars leave containers of them out for patrons to use.

It should be noted that over the years, the Department of ABC has developed community-oriented policing approaches involving local merchants in deterring crime. It is designed in a manner that fosters and protects the health, safety, welfare, and economic well-being of the people of the State of California. Last year, Governor Newsom signed AB 1013 (Lowenthal, Chapter 253, Statutes of 2023) which requires on-sale public premises (Type 48 – Bar, Night club) licensees, until January 1, 2027 to offer for sale to their customers drug testing devices, upon request.

Inconsistent Application Across Different License Types. This bill is part of a number of bills by the author seeking to combat drink spiking. Unlike those bills, this bill’s requirements are not only applicable to Type 48 (Bar, Night club) licensees, but also Type 47 (Restaurant) licensees. It’s unclear why this distinction exists and why, if the goal is to include restaurants, the bill does not include other different license types that are authorized to operate restaurants. For example, craft distillers (Type 74 licensees) are authorized to operate not only a tasting room but a restaurant as well. Similarly, Type 87 alcohol licensees, which are basically restaurant licensees but only for the City and County of San Francisco, are not part of this bill.

Unintended Consequences. The bill requires a member of the staff to “stay with customer” who believes they have been the victim of drink spiking until law enforcement or emergency medical services arrive. While this provision seems to be designed so that the victim is “chaperoned” by a member of the staff, while well intentioned, does raise a number of questions/concerns. Primarily, by including restaurants in the bill, a member of the staff could mean staff members who are well below the age of 21. Requiring someone at that age to be responsible for someone who might be a victim of drink spiking, or to know what to do in such situations, with no possible training whatsoever, might not be a very good idea.

Even if that is not the case, victims of drink spiking are likely to be “chaperoned” by individuals that have zero training on what to do in those dangerous circumstances.

It is important to note that the author is also authoring a bill AB 2402 (Lowenthal, 2024), which requires RBS training courses to be updated with best practices on how to prevent or protect a person from drinking spiking and best practices if the person believes they have been drugged. This required update will likely not be completed until 2027 and even then, most individuals might not actually be trained on those updated best practices until much later (RBS required alcohol servers to take training courses every three years). As such, this particular provision seems a bit premature as those best practices have not been established and staff have not had the opportunity to be trained. Even then, it is important to note that not all staff is required to be obtain RBS certification. RBS training is required only for alcohol servicers and the manager of alcohol servers. Therefore, members of the staff that don’t hold those positions are currently not required to complete RBS training.

Suggested Amendments: As discussed above, the requirement that a member of the staff must stay with the customer might result in some unintended consequences, as such the author has agreed to amend the bill to instead require licensee or a member of the staff, “to the best of their ability, follow any instructions provided by law enforcement or emergency medical services personnel, and to monitor the customer” as follows:

(c) Upon receiving notification from a customer that the customer or another customer believes they have been a victim of drink spiking, a member of the staff at the licensed establishment shall, to the best of their ability, stay with the customer who believes they have been the victim of drink spiking until law enforcement or emergency medical services arrive at the premises to assess the customer, provided that the customer does not leave the premises of the licensed establishment.

(c) Upon contacting law enforcement or emergency medical services, the licensee or a member of the staff shall, to the best of their ability, follow any instructions provided by law enforcement or emergency medical services personnel and to the best of their ability, monitor the customer until law enforcement or emergency medical services arrive at the premises to assess the customer.

Prior/Related Legislation

AB 2375 (Lowenthal, 2024) requires on-sale public premises (Type 48 – Bar, Night Club) licensees, until January 1, 2028, to, upon, request, provide a lid with a customer’s drink, as defined. (Pending in the Senate Governmental Organization Committee)

2402 (Lowenthal, 2024) requires RBS training courses, on or before July 1, 2026, to include best practices on how to prevent or protect a person from drink spiking, as specified. (Pending in the Senate Governmental Organization Committee)

AB 1013 (Lowenthal, Chapter 253, Statutes of 2023) requires on-sale public premises (Type 48 – Bar, Night club) licensees, until January 1, 2027 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, as specified.

AB 1221 (Gonzalez Fletcher, Chapter 847, Statutes of 2017) established the Responsible Beverage Service Training Program Act of 2017, and requires the Department of ABC to develop, implement, and administer a curriculum for an RBS training program, as specified. The bill also requires an alcohol sever, as defined, to successfully complete an RBS training course offered or authorized by the Department of ABC.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT:

California Alcohol Policy Alliance

Alcohol Justice

OPPOSITION:

None received

ARGUMENTS IN SUPPORT: According to Alcohol Justice, “this proposed bill creates a mandate for bar staff and emergency services that helps prevent the worst outcomes from drink spiking. Between preventing opportunists from taking further advantage of the victim, putting a calm and sober professional in charge and automatically triggering an emergency services call creates a secure and calm space in which the person can recover. Additionally, a person who has been drugged is often not sure they have been and/or not believed when they claim it. This bill would, again, create a situation that is more amenable to reporting drugging, that eliminates a burden of proof or persuasion from the victim, and creates legal mandates that cut through hesitation or disbelief on the part of staff.”

Date of Hearing: May 1, 2024

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Buffy Wicks, Chair

ABPCA Bill Id:AB 2389

Author:(Lowenthal) – As Amended Ver:April 10, 2024

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill requires specified restaurants, bars, and nightclubs to communicate with law enforcement or emergency medical services when notified by a customer of a drink spiking incident.

Specifically, this bill:

1. Requires an applicant or holder of a Type 47 or Type 48 license issued by the Department of Alcoholic Beverage Control (ABC) to contact and provide specified information to law enforcement or emergency medical services when notified by a customer that the customer or another customer believes they are the victim of drink spiking. To the best of their ability, a staff member of the licensee must stay with the customer until first responders arrive.
2. Provides that a violation of the above-described provisions is not a crime.

FISCAL EFFECT:

Minor and absorbable costs to ABC for licensee education and enforcement.

This committee sees a wide array of bills that propose to modify the scope of alcohol laws. Generally, imposing a modest requirement on a licensee does not generate major new enforcement workload for ABC, but taken together, these proposals could lead to significant new costs and future budget requests. Although this bill applies to both Type 48 licensees (approximately 2,500 bars and nightclubs) and Type 47 licensees (approximately 17,650 restaurants), the provisions of this bill apply only when a licensee is notified that someone in the establishment believes drink spiking occurred. Thus, ABC does not anticipate many new complaints as a result of this bill. Additionally, it is already ABC’s current practice to investigate a complaint involving drink spiking.

COMMENTS:

1. Purpose. The author notes that providing access to “roofie test kits” at bars and night clubs will help prevent drink spiking, but “if the test comes back positive and their drink has been spiked, it is critical to ensure that both the crime is reported, and that the victim is properly cared for to prevent further harm such as sexual assault, rape, and overdose.” This bill is supported by Alcohol Justice and the California Alcohol Policy Alliance.
2. Drink Spiking. Bar and nightclub patrons are often reminded to never leave a drink unattended and make sure a drink is served directly by the bartender. To better guard against drink spiking, some California cities launched programs to provide residents with free test strips that can identify unsolicited drugs added to a beverage. Beginning July 1, 2024, AB 1013 (Lowenthal), Chapter 353, Statutes of 2023, will require bar and nightclub licensees to provide or sell drug testing devices to customers. This bill requires staff at bars, nightclubs, and restaurants across the state to communicate with law enforcement or emergency medical services when notified by a customer of a drink spiking incident.
3. Related Legislation. AB 1524 (Lowenthal) requires certain college campuses to stock an adequate supply of free drug testing devices. AB 1524 is pending on the Senate Inactive File.

AB 2375 (Lowenthal) requires Type 47 and Type 48 licensees to provide, upon request, a lid with a customer’s drink. AB 2375 is pending on this committee’s suspense file.

AB 2402 (Lowenthal) requires ABC to expand its Responsible Beverage Service program to include training regarding drink spiking and implement a public education campaign to raise awareness of the risks of drink spiking and the availability of drug testing devices. AB 2402 is pending hearing in this committee.

Analysis Prepared by: Irene Ho / APPR. / (916) 319-2081

Date of Hearing: April 17, 2024

ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION

Blanca Rubio, Chair

ABPCA Bill Id:AB 2389 (

Author:Lowenthal) – As Amended Ver:April 10, 2024

SUBJECT: Alcoholic beverages: on-sale general - eating place and on-sale general public premises: drug reporting

SUMMARY: This bill would require a Type 47 (restaurants) or Type 48 (bars and night clubs) 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 a member of the staff at the licensed establishment to, upon receiving that notification, stay with the customer, as provided, until law enforcement or emergency medical services arrive at the premises, provided that the customer does not leave the premises of the licensed establishment. The bill specifies that a violation of this provision is not a crime. Specifically, this bill:

1) Provides an applicant for a new permanent on-sale general - eating place (Type 47) or on-sale general public premises (Type 48) license or the holder of an existing Type 47 or Type 48 license shall contact and provide any of the following information to law enforcement and 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:

a) A positive test result from a drug testing device.

b) Observation of someone tampering with a customer’s drink.

c) Verbal communication to staff that a customer has been drugged.

d) Observation of symptoms associated with the effects of drink spiking or the controlled substances used for drink spiking.

2) Provides upon receiving notification from a customer that the customer or another customer believes they have been a victim of drink spiking, a member of the staff at the licensed establishment shall, to the best of their ability, stay with the customer who believes they have been the victim of drink spiking until law enforcement or emergency medical services arrive at the premises to assess the customer, provided that the customer does not leave the premises of the licensed establishment.

3) Provides that for the purposes of this bill, the following definitions apply:

a) “Drug testing devices” means test strips, stickers, straws, and other devices designed to detect the presence of controlled substances in a drink.

b) “Drink spiking,” also known as “roofied,” includes, but is not limited to, adding a controlled substance or alcohol to a person’s drink without the knowledge or consent of that person.

c) “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.

4) Specifies that a violation of the above stated provisions is not a crime.

EXISTING LAW:

1) Establishes the Department of Alcoholic Beverage Control (ABC) and grants it exclusive authority to administer the provisions of the Alcoholic Beverage Control Act (Act) in accordance with laws enacted by the Legislature. This involves licensing individuals and businesses associated with the manufacture, importation, and sale of alcoholic beverages and the collection of license fees for this purpose.

2) Provides, under the Act, for the issuance of various categories of alcoholic beverage licenses, including the imposition of fees, conditions, and restrictions in connection with the issuance of those licenses.

3) Defines an “on-sale” license as authorizing the sale of all types of alcoholic beverages: namely, beer, wine, and distilled spirits, for consumption on the premises (such as restaurant or bar). An “off-sale” license authorizes the sale of all types of alcoholic beverages for consumption AB 1013 Page 2 off the premises in original sealed containers. (California Business and Professions Code § 23393, 23394, 23396 and 23399)

4) Provides that every person who sells, furnishes, gives, or causes to be sold, furnished, or given away, any alcoholic beverage to any habitual or common drunkard or to any obviously intoxicated person is guilty of a misdemeanor. (California Business and Professions Code § 25602)

5) States that no person who sells, furnishes, gives, or causes to be sold, furnished, or given away, any alcoholic beverage shall be civilly liable to any injured person or the estate of such person for injuries inflicted on that person as a result of intoxication by the consumer of such alcoholic beverage. (California Business and Professions Code § 25602)

6) Establishes the Responsible Beverage Service (RBS) Training Program that requires ABC, on or before January 1, 2020, to develop, implement, and administer a curriculum for an RBS training program for on-premises servers of alcohol (and their managers), as specified. Alcohol servers are required to successfully complete an RBS training course offered or authorized by the department. The law provides that an RBS training course include information on, among other things, state laws and regulations relating to alcoholic beverage control and the impact of alcohol on the body, as specified. (California Business and Professions Code § 25680 et seq.)

7) States, 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. Prohibits a Type 48 licensee from being held liable for a defective test or inaccurate test result. This provision sunsets on January 1, 2027.

8) Provides, upon written notice from ABC, Type 20, 21, 40, 42, 48, and 61 licensees must post signs prohibiting loitering and open alcoholic beverage containers. ABC will issue the written notice when there is substantial evidence of loitering or drinking in public that is adjacent to the premises. The signs must be prominent, permanent and clearly visible. (Business & Professions Code § 25612.5)

9) Provides that Type 42, 48, and 61 licensees must maintain a sign reading, "No Person Under 21 Allowed" at or near each public entrance. The sign must be visible from the exterior. In addition, a sign of like size and content must be posted at a prominent place inside the licensed premises, as defined. (Rule 107, California Code of Regulations)

10) Generally provides that a violation of the Act is a misdemeanor.

FISCAL EFFECT: This bill is keyed fiscal by Legislative Counsel.

COMMENTS:

The Act regulates the licensing of businesses that serve alcoholic beverages. A Type 48 license is associated with bars or night clubs authorized to sell beer, wine, and distilled spirits for consumption on the premises where sold. Minors are prohibited from entering. A Type 47 license authorizes the sale of beer, wine, and distilled spirits for consumption on the licensed premises. Authorizes the sale of beer and wine for consumption off the licensed premises. Must operate and maintain the licensed premises as a bona fide eating place.

This bill places a requirement on such licensees to contact and provide specified information to law enforcement and 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 a member of the staff at the licensed establishment to, upon receiving that notification, stay with the customer, as provided, until law enforcement and emergency medical services arrive at the premises. The bill would prohibit a Type 47 or Type 48 licensee from being held liable if the licensee is notified that, among other things, the customer left the premises of the licensed establishment.

The goal of the bill is to address the incidence of drink spiking in such establishments and to prevent the commission of crimes associated with such conduct, namely sexual assault and rape. The bill is author-sponsored. It is supported by Alcohol Justice and the California Alcohol Policy Alliance. There is no known opposition.

Purpose of the bill. According to the author, “AB 2389 continues my effort that I started last year to help address the underreported and ongoing epidemic of drink spiking and “roofying” that continues to plague California and the world. Unfortunately, drink spiking is often used to facilitate the commission of other crimes, including sexual assault and rape.

While anyone can have their drink spiked, the targets of this act are all too often women. Although drink spiking can be perpetrated in almost any setting, a common location for this activity to take place is at bars or night clubs, where alcoholic beverages are being served. With the passage of my bill last year (AB 1013), patrons at Type 47 licensed establishments will have access to “roofie test kits” upon request, and will be able to test whether their drink has been compromised. However, if the test comes back positive and their drink has been spiked, it is critical to ensure that both the crime is reported, and that the victim is properly cared for to prevent further harm such as sexual assault, rape, and overdose.

AB 2389 requires that if employees at a Type 47 or Type 48 licensed establishment are made aware that a patron has been, or believes to have been roofied, or has had their drink compromised, an employee of the licensed establishment is to notify law enforcement, and also doing the best they can to stay with the victim to help and protect them from falling victim to further horrific crimes until law enforcement and emergency medical services arrive at the premises.”

Background.

According to information provided by the author’s office and various media outlets, “drink spiking,” defined as the “the unsolicited addition of a drug to a drink consumed in a social setting” is relatively common and a growing issue in this country. “Getting roofied” generally means you’ve been dosed with Rohypnol (flunitrazepam) or a similar drug. Because roofies are tasteless, odorless, colorless, and easily dissolvable, the most common way sexual assaulters drug victims are by putting these drugs in their drinks. In addition to Rohypnol, other common date rape drugs include Ketamine (Special K) and Gamma-Hydroxybutyrate (GHB).

The Office on Women’s Health in the U.S. Department of Health and Human Services explains, “Date rape drugs are any type of drug used to make rape or sexual assault easier. Alcohol is often used this way. Or date rape drugs can be put into a drink without the person knowing. Drugs or alcohol can make a person confused about what is happening, less able to defend themselves against unwanted sexual contact, or unable to remember what happened.”

It is difficult to find comprehensive, up-to-date statistics on the prevalence of drink-spiking/drugging but various state officials and police departments from across the country have stated that it is a problem that needs to be addressed. For example, the Boston Police Department (BPD) issued a statement warning the public to be mindful of alcohol consumption while in the city's bars and clubs. This was after the department said it's "become aware of numerous social media posts from various individuals who state that they were victims of drink spiking at local area bars.” These drugs can cause disorientation, confusion, and temporary paralysis or loss of consciousness, according to the BPD. The drugs can also make potential victims vulnerable to the intentions of a suspect. BPD officials reminded anyone going out to bars or clubs in the city to be aware of where your drink is at all times, never leaving it unattended. They also suggest making sure a drink is served directly by the bartender or server.

In California, in the previous three years, the Long Beach Department received, on average, about 25 reports per year from people who felt they had been drugged while out with friends, possibly by something slipped into their drink. In response to these reports, the City of Long Beach is launching a pilot program that will provide residents with a free test strip that can identify specific drugs in a beverage. Distribution of drug detection test strips and educational outreach will both be part of the pilot program. The test strip user drops a small amount of drink fluid onto the test strip, which changes color to a specific shade if a drug is present. The distribution of the strips and other details are still being worked out. The city's Health Department will be in charge of managing the program.

Following reports of people feeling as though they had been drugged (or “roofied”) at West Hollywood nightlife establishments, the City of West Hollywood recently launched a similar program that included outreach and distribution of disposable test kits that check for illegal substances in drinks. Numerous locations (restaurants, bars, clubs, etc.) have received more than 12,000 test kits, according to reports. The test strips are free, and some bars leave containers of them out for patrons to use.

New 2024 Requirement on Alcohol Licensees. AB 1013 (Lowenthal), Statutes of 2023, required Type 48 (bars and nightclubs) licensees, beginning July 1, 2024 and until January 1, 2027, to comply with the following: 1) Offer drug testing devices (such as test strips, stickers, straws, or other devices that are designed to detect the presence of controlled substances in a drink), which have not exceeded their expiration date or recommended period of use, that test for “controlled substances” commonly used to spike drinks; 2) The drug testing devices shall be available for sale to customers, at a price not to exceed a reasonable amount based on the wholesale cost. Alternatively, they may be given to customers free of charge; and 3) Post signage that drink spiking drug test kits are available.

The new law will impact approximately 2,400 businesses statewide. An ABC licensee will not be liable for a defective test or inaccurate test result. Failure to make those products available could result in possible fines and violations by the department. While the ABC generally takes an educational approach, including multiple warnings to licensees before any fines and violations are issued, licensees would nonetheless be responsible for ensuring these particular products are always available for purchase. ABC will not sell or provide kits, and does not recommend or endorse any specific company that does.

It should be noted that over the years, the ABC has developed community-oriented policing approaches involving local merchants in deterring crime. It is designed in a manner that fosters and protects the health, safety, welfare, and economic well-being of the people of the State of California. This bill seems to be in-line with that directive.

ABC Type 47 License (On-Sale General Eating place). One of the most common license types for restaurants is a Type 47. The Type 47 license is specifically designated for businesses that primarily serve food. The license authorizes the sale of beer, wine, and distilled spirits for consumption on the licensed premises. It also allows for the sale of beer and wine for consumption off the licensed premises. Must operate and maintain the licensed premises as a bona fide eating place. Minors are allowed on the premises. This license type is subject to RBS requirements and requires alcohol servers and managers of alcohol servers to be RBS certified. According to ABC’s website there are approximately 15,943 Type 47 licenses in the state.

ABC Type 48 License (On-Sale General Public Premises (Bar, Night Club). Authorizes the sale of beer, wine and distilled spirits for consumption on the premises where sold. Authorizes the sale of beer and wine for consumption off the premises where sold. Minors may not enter and remain. Food service is not required. According to ABC’s website there are approximately 2,497 Type 48 licenses in the state.

Responsible Beverage Service (RBS) Training. AB 1221 (Gonzalez Fletcher), Chapter 847, Statutes of 2017, established the RBS Training Program Act of 2017, and required the ABC, on or before January 1, 2020, to develop, implement, and administer a curriculum for an RBS training program, as specified. Additionally, the bill required, beginning July 1, 2021, an alcohol server, as defined, to successfully complete an RBS training course offered or authorized by ABC. The department has certified that the curricula presented by the approved training providers meets the requirements set forth in the California Code of Regulations Title 4 §§162-166. The RBS training is currently available in several different languages.

Anyone that is employed at an ABC on-premises licensed establishment who is responsible for checking identifications, taking customer orders, and pouring or delivering alcoholic beverages must have a valid RBS certification from ABC. Servers and their managers must register in the RBS Portal, take RBS training from an approved training provider, and pass the ABC RBS exam within 60 days of their first date of employment. On-premises locations include, but are not limited to, bars, restaurants, tasting rooms, clubs, stadiums, movie theaters, hotels, and caterers. Covered licensees are required to maintain records of their various certifications, and violators are subject to unspecified “disciplinary action.” RBS server certifications are valid for three years.

ABC LEAD Program. ABC offers free and voluntary four-hour classes, called Licensee Education on Alcohol and Drugs, or LEAD, for retail licensees, their employees, and applicants. In 1991, the program began due to a grant from the California Office of Traffic Safety. The LEAD Program provides the licensee and applicant with practical information and instruction on checking various forms of identification, detecting and preventing illegal activity, and reducing liability. At the conclusion of the class, an exam is given on the material that was covered. Each person who fulfills all of the training requirements receives a certificate certifying that they successfully completed a LEAD training course.

ABC inspection and advisement. ABC carries out business inspections through its Informed Merchants Preventing Alcohol-Related Crime Tendencies (IMPACT) Program. ABC created IMPACT in 1984 as a preventative and education program. It employs a community-oriented policing strategy that involves local businesses in deterring crime. IMPACT teams select and survey licensed outlets at random. During their visits, IMPACT teams remind licensees of the responsibilities and accountability associated with the sale of alcohol. The officers also inspect licensed premises for compliance with State and local laws. The officers may look for loitering, litter, graffiti, posted signs, slot machines, lack of food service in restaurants, illegal weapons, or other violations. Although education is the main goal, if any major violations are discovered during the inspections, officers will act. A checklist is used to note any violations observed, and it is given to the licensee. Any issues must then be fixed by the licensee.

In support. The California Alcohol Policy Alliance writes, “Drink spiking” is an underreported but consistently present hazard for people who drink. It is often deeply traumatic for the victim, and the nature of a busy bar or nightclub makes it difficult to locate the perpetrator. Yet above and beyond the problems in measuring or punishing the act, many professionals do not understand how to react to a patron who seems inexplicably over intoxicated or claims to have been unknowingly drugged.

AB 2389 creates clarity, and therefore safety. By mandating the involvement of emergency services, it provides a clear roadmap for bartenders and bouncers. The mandate that staff remain with the person likewise creates guidance and discourages the person who spiked the drink from waiting opportunistically until the victim can be separated from a safety net. It also makes it easier and simpler for staff to intervene with a potential drink spiking victim—if you are not clear if the person is simply too drunk, reluctance to infringe on the patron can overcome the urge to provide aid. By requiring the latter, the law makes it easier to do the right thing.”

Related legislation. AB 2375 (Lowenthal) of 2024. This bill would require an applicant for a new permanent Type 47 or Type 48 license, and, commencing July 1, 2025, the holder of an existing Type 47 or Type 48 license, to, upon request, provide a lid with a customer’s drink. The bill would authorize the licensee to charge an additional fee for providing a lid with a customer’s 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. (Pending in the Assembly Committee on Appropriations)

AB 2402 (Lowenthal) of 2024. Requires the ABC, on or before January 1, 2026, to create and implement a public education campaign to raise awareness of the risks of drink spiking and the availability of drug testing devices. The bill would also require the ABC to establish a voluntary Safe Bar Training Program for bars, night clubs, and restaurants, as specified. (Pending in Assembly Committee on Governmental Organization)

Prior legislation. AB 1013, (Lowenthal), Chapter 353, Statutes of 2023. Requires an on-sale general public premises (Type 48) licensee 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. 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.

AB 1221 (Gonzalez Fletcher), Chapter 847, Statutes of 2017. Established the RBS Training Program Act of 2017, and requires ABC, on or before January 1, 2020, to develop, implement, and administer a curriculum for an RBS training program, as specified. Additionally, the bill requires, beginning July 1, 2021, an alcohol server, as defined, to successfully complete an RBS training course offered or authorized by ABC.

SB 1182 (Galgiani), Chapter 893, Statutes of 2016. Made make it a felony, punishable by imprisonment in a county jail for 16 months, or 2 or 3 years, to possess ketamine, flunitrazepam (Rohypnol), or hydroxybutyric acid (GHB), with the intent to commit a sex crime, as defined.

REGISTERED SUPPORT / OPPOSITION:

Support

Alcohol Justice

California Alcohol Policy Alliance

Opposition

None on file

Analysis Prepared by: Eric Johnson / G.O. / (916) 319-2531