Existing law, the Alcoholic Beverage Control Act, administered by the Department of Alcoholic Beverage Control, regulates the sale and distribution of alcoholic beverages and the granting of licenses for the manufacture, distribution, and sale of alcoholic beverages within the state. Existing law requires the department to develop, implement, and administer a curriculum for a Responsible Beverage Service (RBS) training program, as specified. Existing law requires an RBS training course to 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.

This bill would require, on or before January 1, 2027, the RBS training courses to include best practices on how to prevent or protect a person from drink spiking and best practices if the person believes they have, or someone they know has, been drugged as a result of drink spiking.

Existing law, the Alcoholic Beverage Control Act, administered by the Department of Alcoholic Beverage Control, regulates the sale and distribution of alcoholic beverages and the granting of licenses for the manufacture, distribution, and sale of alcoholic beverages within the state. Existing law requires the department to develop, implement, and administer a curriculum for a Responsible Beverage Service (RBS) training program, as specified. Existing law requires an RBS training course to 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.

This bill would require, on or before January 1, 2027, the RBS training courses to include best practices on how to prevent or protect a person from drink spiking and best practices if the person believes they have, or someone they know has, been drugged as a result of drink spiking.

Existing law, the Alcoholic Beverage Control Act, administered by the Department of Alcoholic Beverage Control, regulates the sale and distribution of alcoholic beverages and the granting of licenses for the manufacture, distribution, and sale of alcoholic beverages within the state. Existing law requires the department to develop, implement, and administer a curriculum for a Responsible Beverage Service (RBS) training program, as specified. Existing law requires an RBS training course to 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.

This bill would require, on or before July 1, 2026, January 1, 2027, the RBS training courses to include best practices on how to prevent or protect a person from drink spiking and best practices if the person believes they have, or someone they know has, been drugged as a result of drink spiking.

Existing law, the Alcoholic Beverage Control Act, administered by the Department of Alcoholic Beverage Control, regulates the sale and distribution of alcoholic beverages and the granting of licenses for the manufacture, distribution, and sale of alcoholic beverages within the state. Existing law requires the department to develop, implement, and administer a curriculum for a Responsible Beverage Service (RBS) training program, as specified. Existing law requires an RBS training course to 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.

This bill would require, on or before July 1, 2026, the RBS training courses to include best practices on how to prevent or protect a person from drink spiking and best practices if the person believes they have, or someone they know has, been drugged as a result of drink spiking.

Existing law, the Alcoholic Beverage Control Act, administered by the Department of Alcoholic Beverage Control, regulates the sale and distribution of alcoholic beverages and the granting of licenses for the manufacture, distribution, and sale of alcoholic beverages within the state. Existing law, operative July 1, 2024, to January 1, 2027, inclusive, requires an applicant or holder of certain alcoholic beverage licenses to post notices relating to drink spiking, also known as being roofied, and the availability of drug testing devices to detect the presence of controlled substances in a drink. Existing law also requires a licensee to sell drug testing devices to their customers, as specified.

This bill would require the department, on or before January 1, 2026, upon appropriation by the Legislature, 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 campaign would be required, among other things, to educate the public on how to prevent drink spiking and what to do if a person believes they or another person has been the victim of drink spiking.

Existing law, the Alcoholic Beverage Control Act, administered by the Department of Alcoholic Beverage Control, regulates the sale and distribution of alcoholic beverages and the granting of licenses for the manufacture, distribution, and sale of alcoholic beverages within the state. Existing law, operative July 1, 2024, to January 1, 2027, inclusive, requires an applicant or holder of certain alcoholic beverage licenses to post notices relating to drink spiking, also known as being roofied, and the availability of drug testing devices to detect the presence of controlled substances in a drink. These provisions also require Existing law also requires a licensee to sell drug testing devices to their customers, as specified. Existing law authorizes the State Department of Public Health to disseminate information relating to the protection, preservation, and advancement of public health.

This bill would require the department, 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 campaign would be required, among other things, to educate the public on how to prevent drink spiking and what to do if a person believes they or another person has been the victim of drink spiking.

This bill would require the department to establish a voluntary Safe Bar Training Program for bars, night clubs, and restaurants. The bill would require the program to develop a training that equips and prepares employees of bars, night clubs, and restaurants on, among other things, identifying strategies to cultivate a safe and inclusive environment and best practices on how to prevent or protect a person from drink spiking. The bill would require any bar, night club, or restaurant that participates in the program to pay a fee, determined by the department, and to train any new employee within 8 weeks of hire. The bill would require the department to send a bar, night club, or restaurant a Safe Bar certification and sticker or placard that indicates that all the employees of the bar, night club, or restaurant have completed the training.

Existing law, operative July 1, 2024, to January 1, 2027, inclusive, requires an applicant or holder of certain alcoholic beverage licenses to post notices relating to drink spiking, also known as being roofied, and the availability of drug testing devices to detect the presence of controlled substances in a drink. These provisions also require a licensee to sell drug testing devices to their customers, as specified. Existing law authorizes the State Department of Public Health to disseminate information relating to the protection, preservation, and advancement of public health.

This bill would require the department, 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 campaign would be required, among other things, to educate the public on how to prevent drink spiking and what to do if a person believes they or another person has been the victim of drink spiking.

This bill would require the department to establish a voluntary Safe Bar Training Program for bars, night clubs, and restaurants. The bill would require the program to develop a training that equips and prepares employees of bars, night clubs, and restaurants on, among other things, identifying strategies to cultivate a safe and inclusive environment and best practices on how to prevent or protect a person from drink spiking. The bill would require any bar, night club, or restaurant that participates in the program to pay a fee, determined by the department, and to train any new employee within 8 weeks of hire. The bill would require the department to send a bar, night club, or restaurant a Safe Bar certification and sticker or placard that indicates that all the employees of the bar, night club, or restaurant have completed the training.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 2402

Author:(Lowenthal)

As Amended Ver:June 26, 2024

Majority vote

SUMMARY

Requires the Department of Alcoholic Beverage Control (ABC), by January 1, 2027, to include in Responsible Beverage Service (RBS) training courses best practices to protect a person from drink spiking and best practices if the person believes they have, or someone they know has, been drugged as a result of drink spiking. Defines "drink spiking", for the purposes of this bill, to mean putting alcohol or drugs into another person's drink without their knowing and express consent, also known as roofying.

Senate Amendments

Delay implementation of this bill to January 1, 2027 from July 1, 2026.

COMMENTS

1. 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, requires bars and nightclubs to provide or sell drug testing devices to customers.
2. RBS Program. 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

Drink spiking, and the horrific crimes that often follow the act, have largely been underreported and unacknowledged due to factors such as the effects that date rape drugs have on the victim's memory, and how fast these drugs leave the body. Unfortunately, the victims of these crimes are largely women, and members of the LGBTQ community. The author concludes that this bill is part of a broader bill package to tackle this issue and will increase awareness through the creation of a public awareness campaign, and with the Safe Bar Program, better inform restaurants, bars, nightclubs, and the general public on how to prevent drink spiking, and also how to handle the unfortunate event if it does occur.

Arguments in Support

The California District Attorneys Association writes in support of this bill, stating: "Drink spiking is a dangerous practice too often committed to facilitate rape and other violent sexual offenses. Its primary targets are women and LGBTQ+, and it very often occurs in bars or nightclubs. While a perpetrator may intend only to disable their victim, drink spiking can have serious health impacts, including death. Education about the dangers of drink spiking, how to avoid it, and what to do if it is suspected, can help a person avoid victimization for themselves and others around them. Education aimed at bartenders and other food and drink servers, can further help prevent or minimize victimization."

Arguments in Opposition

There is no known opposition to this bill.

FISCAL COMMENTS

According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.

VOTES:

ASM HEALTH: 15-0-1

YES: Bonta, Waldron, Aguiar-Curry, Arambula, Wendy Carrillo, Flora, Haney, Jones-Sawyer, Maienschein, Joe Patterson, Rodriguez, Sanchez, Santiago, Schiavo, Weber

ABS, ABST OR NV: McCarty

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: 11-0-4

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

ABS, ABST OR NV: Sanchez, Dixon, Jim Patterson, Ta

ASSEMBLY FLOOR: 70-0-10

YES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Davies, Dixon, Flora, Mike Fong, Vince Fong, Gabriel, Garcia, Gipson, Grayson, Haney, Hart, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas

ABS, ABST OR NV: Calderon, Cervantes, Megan Dahle, Essayli, Friedman, Gallagher, Holden, Mathis, Joe Patterson, Luz Rivas

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: June 26, 2024

CONSULTANT: Eliza Brooks / HEALTH / (916) 319-2097 FN: 0003821

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 2402

Author:(Lowenthal)

As Amended Ver:June 26, 2024

Majority vote

SUMMARY

Requires the Department of Alcoholic Beverage Control (ABC), by January 1, 2027, to include in Responsible Beverage Service (RBS) training courses best practices to protect a person from drink spiking and best practices if the person believes they have, or someone they know has, been drugged as a result of drink spiking. Defines "drink spiking", for the purposes of this bill, to mean putting alcohol or drugs into another person's drink without their knowing and express consent, also known as roofying.

Senate Amendments

Delay implementation of this bill to January 1, 2027 from July 1, 2026.

COMMENTS

1. 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, requires bars and nightclubs to provide or sell drug testing devices to customers.
2. RBS Program. 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

Drink spiking, and the horrific crimes that often follow the act, have largely been underreported and unacknowledged due to factors such as the effects that date rape drugs have on the victim's memory, and how fast these drugs leave the body. Unfortunately, the victims of these crimes are largely women, and members of the LGBTQ community. The author concludes that this bill is part of a broader bill package to tackle this issue and will increase awareness through the creation of a public awareness campaign, and with the Safe Bar Program, better inform restaurants, bars, nightclubs, and the general public on how to prevent drink spiking, and also how to handle the unfortunate event if it does occur.

Arguments in Support

The California District Attorneys Association writes in support of this bill, stating: "Drink spiking is a dangerous practice too often committed to facilitate rape and other violent sexual offenses. Its primary targets are women and LGBTQ+, and it very often occurs in bars or nightclubs. While a perpetrator may intend only to disable their victim, drink spiking can have serious health impacts, including death. Education about the dangers of drink spiking, how to avoid it, and what to do if it is suspected, can help a person avoid victimization for themselves and others around them. Education aimed at bartenders and other food and drink servers, can further help prevent or minimize victimization."

Arguments in Opposition

There is no known opposition to this bill.

FISCAL COMMENTS

According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.

VOTES:

ASM HEALTH: 15-0-1

YES: Bonta, Waldron, Aguiar-Curry, Arambula, Wendy Carrillo, Flora, Haney, Jones-Sawyer, Maienschein, Joe Patterson, Rodriguez, Sanchez, Santiago, Schiavo, Weber

ABS, ABST OR NV: McCarty

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: 11-0-4

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

ABS, ABST OR NV: Sanchez, Dixon, Jim Patterson, Ta

ASSEMBLY FLOOR: 70-0-10

YES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Davies, Dixon, Flora, Mike Fong, Vince Fong, Gabriel, Garcia, Gipson, Grayson, Haney, Hart, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas

ABS, ABST OR NV: Calderon, Cervantes, Megan Dahle, Essayli, Friedman, Gallagher, Holden, Mathis, Joe Patterson, Luz Rivas

UPDATED

VERSION: June 26, 2024

CONSULTANT: Eliza Brooks / HEALTH / (916) 319-2097 FN: 0003821

 THIRD READING  

Bill No: AB 2402

Author: Lowenthal (D), et al.

Amended: 6/26/24 in Senate

Vote: 21

SENATE GOVERNMENTAL ORG. COMMITTEE: 14-0, 6/25/24

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

NO VOTE RECORDED: Jones, Portantino

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 70-0, 5/22/24 - See last page for vote

SUBJECT: Drink spiking

SOURCE: Author

DIGEST: This bill requires the Responsible Beverage Services (RBS) training courses, on or before July 1, 2027, to include best practices on how to prevent or protect a person from drink spiking, as specified.

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 bar). 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 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. Provides, generally, that a violation of the ABC act is a misdemeanor.

This bill:

1. Requires RBS training courses, on or before July 1, 2027, to include all of the following:
   1. Best practices on how to prevent or protect a person from drink spiking.
   2. Best practices if the person believes they have, or someone they know has, been drugged as a result of drink spiking.
2. Defines “drink spiking” to mean putting alcohol or drugs into another person’s drink without their knowing and express consent, also known as roofying.

Background

Author Statement. According to the author’s office, “drink spiking, and the horrific crimes that often follow the act, have largely been unacknowledged, and underreported due to factors such as the effects that date rape drugs have on the victim’s memory, and how fast these drugs leave the body. Unfortunately, the victims of these crimes are largely women, and members of the LGBTQ+ community. AB 2402 is part of a broader bill package to tackle this issue and will promote safer and more inclusive social environment by providing training to employees of restaurants, bars, and nightclubs on how to prevent drink spiking as well as how to handle the unfortunate event that it occurs in their place of employment.”

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 required 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 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.

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.

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, 2027, to, upon, request, provide a lid with a customer’s drink, as defined. (Pending on the Senate Floor)

AB 2389 (Lowenthal, 2024) 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. (Pending in the Senate Governmental Organization Committee)

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

SUPPORT: (Verified 8/5/24)

California District Attorneys Association

City of West Hollywood

OPPOSITION: (Verified 8/5/24)

None received

ARGUMENTS IN SUPPORT: According to the California District Attorneys Association, “drink spiking is a dangerous practice too often committed to facilitate rape and other violent sexual offenses. Its primary targets are women and LGBTQ, and it very often occurs in bars, or nightclubs. While a perpetrator may intend only to disable their victim, drink spiking can have serious health impacts, including death. Education about the dangers of drink spiking, how to avoid it, and what to do if it is suspected, can help a person avoid victimization for themselves and others around them. Education aimed at bartenders and other food and drink servers, can further help prevent or minimize victimization.”

ASSEMBLY FLOOR: 70-0, 5/22/24

AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Davies, Dixon, Flora, Mike Fong, Vince Fong, Gabriel, Garcia, Gipson, Grayson, Haney, Hart, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas

NO VOTE RECORDED: Calderon, Cervantes, Megan Dahle, Essayli, Friedman, Gallagher, Holden, Mathis, Joe Patterson, Luz Rivas

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

8/7/24 13:38:22

**** END ****

SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION

Senator Bill Dodd

Chair

2023 - 2024 Regular

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

SUBJECT:

DIGEST: This bill requires the Responsible Beverage Services (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.

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 bar). 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 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. Generally provides that a violation of the ABC act is a misdemeanor.

This bill:

1. Requires RBS training courses, on or before July 1, 2026, to include all of the following:
   1. Best practices on how to prevent or protect a person from drink spiking.
   2. Best practices if the person believes they have, or someone they know has, been drugged as a result of drink spiking.
2. Defines “drink spiking” to mean putting alcohol or drugs into another person’s drink without their knowing and express consent, also known as roofying.

Background

Author Statement. According to the author’s office, “drink spiking, and the horrific crimes that often follow the act, have largely been unacknowledged, and underreported due to factors such as the effects that date rape drugs have on the victim’s memory, and how fast these drugs leave the body. Unfortunately, the victims of these crimes are largely women, and members of the LGBTQ+ community. AB 2402 is part of a broader bill package to tackle this issue and will promote safer and more inclusive social environment by providing training to employees of restaurants, bars, and nightclubs on how to prevent drink spiking as well as how to handle the unfortunate event that it occurs in their place of employment.”

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 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.

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.

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.

Department of ABC’s Inspection and Advisement. The Department of ABC carries out business inspections through its Informed Merchants Preventing Alcohol-Related Crime Tendencies (IMPACT) Program. The Department of ABC created IMPACT in 1984 as a preventative and educational 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.

Suggested Amendment. As mentioned above, the development of the RBS training program was plagued with delays and issues with individuals being able to access the training program in a timely manner and being able to find approved training courses in a language other than English. One of the main reasons for the delay was the fact that the Department of ABC had to develop regulations for the program, allow sufficient time for providers to develop such a training, and finally working with those providers to ensure compliance with the department’s regulations. By adding additional requirements to the RBS training, this bill will once again require the Department of ABC to develop regulations, work with providers to develop updates to their training programs, and ensure that those training courses are consistent with the updated regulations. Given all of the necessary work that needs to take place and given the history of delays with RBS training courses, the committee may wish to push the requirement in this bill until January 1, 2027 as follows:

(1) Commencing on or before July 1, 2026 January 1, 2027, the RBS training courses shall include all of the following:

(A) Best practices on how to prevent or protect a person from drink spiking.

(B) Best practices if the person believes they have, or someone they know has, been drugged as a result of drink spiking.

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)

AB 2389 (Lowenthal, 2024) 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. (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: No Fiscal Com.: Yes Local: No

SUPPORT:

California District Attorneys Association

City of West Hollywood

OPPOSITION:

None received

ARGUMENTS IN SUPPORT: According to the California District Attorneys Association, “drink spiking is a dangerous practice too often committed to facilitate rape and other violent sexual offenses. Its primary targets are women and LGBTQ, and it very often occurs in bars, or nightclubs. While a perpetrator may intend only to disable their victim, drink spiking can have serious health impacts, including death. Education about the dangers of drink spiking, how to avoid it, and what to do if it is suspected, can help a person avoid victimization for themselves and others around them. Education aimed at bartenders and other food and drink servers, can further help prevent or minimize victimization.”

ASSEMBLY THIRD READING

ATR Bill Id:AB 2402

Author:(Lowenthal)

As Amended Ver:May 20, 2024

Majority vote

SUMMARY

Requires the Department of Alcoholic Beverage Control (ABC), by July 1, 2026, to include in Responsible Beverage Service (RBS) training courses best practices to protect a person from drink spiking and best practices if the person believes they have, or someone they know has, been drugged as a result of drink spiking

Major Provisions

COMMENTS

1. 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 bars and nightclubs to provide or sell drug testing devices to customers.
2. RBS Program. 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

Drink spiking, and the horrific crimes that often follow the act, have largely been underreported and unacknowledged due to factors such as the effects that date rape drugs have on the victim's memory, and how fast these drugs leave the body. Unfortunately, the victims of these crimes are largely women, and members of the LGBTQ community. The author concludes that this bill is part of a broader bill package to tackle this issue and will increase awareness through the creation of a public awareness campaign, and with the Safe Bar Program, better inform restaurants, bars, nightclubs, and the general public on how to prevent drink spiking, and also how to handle the unfortunate event if it does occur.

Arguments in Support

The California District Attorneys Association writes in support of this bill, stating: "Drink spiking is a dangerous practice too often committed to facilitate rape and other violent sexual offenses. Its primary targets are women and LGBTQ+, and it very often occurs in bars or nightclubs. While a perpetrator may intend only to disable their victim, drink spiking can have serious health impacts, including death. Education about the dangers of drink spiking, how to avoid it, and what to do if it is suspected, can help a person avoid victimization for themselves and others around them. Education aimed at bartenders and other food and drink servers, can further help prevent or minimize victimization."

Arguments in Opposition

None on file.

FISCAL COMMENTS

According to the Assembly Appropriations Committee, absorbable costs to ABC to update the RBS training course requirements (Alcohol Beverage Control Fund). ABC notes there are currently 76 approved RBS training providers that would be required to update training course materials. ABC estimates unknown one-time costs to promulgate regulations to establish curriculum requirements and approximately $16,400 to review and approve updated RBS provider curriculums. According to the Legislative Analyst's Office, the GF faces a structural deficit in the tens of billions of dollars over the next several fiscal years.

VOTES

ASM HEALTH: 15-0-1

YES: Bonta, Waldron, Aguiar-Curry, Arambula, Wendy Carrillo, Flora, Haney, Jones-Sawyer, Maienschein, Joe Patterson, Rodriguez, Sanchez, Santiago, Schiavo, Weber

ABS, ABST OR NV: McCarty

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: 11-0-4

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

ABS, ABST OR NV: Sanchez, Dixon, Jim Patterson, Ta

UPDATED

VERSION: May 20, 2024

CONSULTANT: Eliza Brooks / HEALTH / (916) 319-2097 FN: 0003375

Date of Hearing: May 8, 2024

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Buffy Wicks, Chair

ABPCA Bill Id:AB 2402

Author:(Lowenthal) – As Amended Ver:April 24, 2024

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

SUMMARY:

This bill requires, upon appropriation by the Legislature, the Department of Alcoholic Beverage Control (ABC) to create and implement a public education campaign about the risks of drink spiking, and requires, by July 1, 2026, ABC’s Responsible Beverage Service (RBS) training courses to include best practices to protect a person from drink spiking.

FISCAL EFFECT:

1. General Fund (GF) cost pressures, likely in the mid-hundreds of thousands to low millions of dollars, to appropriate funding to ABC to implement the public education campaign. The author is not pursuing an appropriation for this purpose through the 2024-25 state budget process. The type of education campaign conducted and associated ABC staff workload or contract costs would depend on the amount appropriated for this purpose.
2. Absorbable costs to ABC to update the RBS training course requirements (Alcohol Beverage Control Fund). ABC notes there are currently 76 approved RBS training providers that would be required to update training course materials. ABC estimates unknown one-time costs to promulgate regulations to establish curriculum requirements and approximately $16,400 to review and approve updated RBS provider curriculums.

According to the Legislative Analyst’s Office, the GF faces a structural deficit in the tens of billions of dollars over the next several fiscal years.

COMMENTS:

1. Purpose. According to the author, this bill will increase awareness about drink spiking through the creation of a public awareness campaign and better train restaurants, bars, nightclubs, and the general public on how to prevent drink spiking and handle the unfortunate event if it does occur. This bill is supported by the California District Attorneys Association and the City of West Hollywood.
2. Background.

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 bars and nightclubs to provide or sell drug testing devices to customers. This bill requires ABC to create and implement a public education campaign about the risks of drink spiking.

RBS Program. 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.

1. 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 requires, until January 1, 2028, specified restaurants, bars, and nightclubs to provide, upon request, a lid with a customer’s drink. AB 2375 is pending on this committee’s suspense file.

AB 2389 (Lowenthal) requires specified restaurants, bars, and nightclubs to contact and provide information to law enforcement and emergency medical services when a customer alerts the licensee of drink spiking. AB 2389 is pending on the Assembly Consent Calendar.

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 2402 (

Author:Lowenthal) – As Amended Ver:April 8, 2024

SUBJECT: Drink spiking

SUMMARY: This bill would require the Department of Alcoholic Beverage Control (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 campaign would be required, among other things, to educate the public on how to prevent drink spiking and what to do if a person believes they or another person has been the victim of drink spiking. Specifically, this bill:

1) Provides that on or before January 1, 2026, the ABC shall create and implement a campaign that does all of the following:

a) Raises public awareness of the risks of drink spiking and the availability of drug testing devices.

b) Educates the public on all of the following best practices:

i.) How to prevent drink spiking.

ii.) What to do if a person believes they have, or another person has, been the victim of drink spiking.

c) Educates the public on appropriate public resources or other best practices to prevent and mitigate the effects of drink spiking, as determined by the ABC.

2) Provides ABC shall establish a Safe Bar Training Program for bars, night clubs, and restaurants on or before July 1, 2026.

3) States that any bar, night club, or restaurant may participate in the program.

4) Provides the program shall develop a training that equips and prepares employees of bars, night clubs, and restaurants on all of the following:

a) Identifying strategies to cultivate a safe and inclusive environment.

b) Demonstrating the ability to intervene in situations where there is a risk of sexual assault.

c) Identifying the five types of bystander intervention strategies.

d) Identifying common responses to trauma.

e) Identifying appropriate responses to a disclosure of sexual assault.

f) Best practices on how to prevent or protect a person from drink spiking.

g) Best practices if the person believes they have, or someone they know has, been drugged as a result of drink spiking.

h) The availability and use of drug testing devices and other preventative measures to help prevent and protect a person from falling victim to drink spiking.

i) Any other best practices or resources deemed appropriate to educate and raise awareness associated with the ways a person can prevent and protect themselves and others from drink spiking.

5) Provides the program shall utilize the available resources developed by the campaign, as specified, to develop information and resources to raise awareness about the risks associated with, and ways to prevent and protect a person from, drink spiking.

6) States that a bar, night club, or restaurant that participates in the program shall pay a fee, determined by the ABC, to receive the Safe Bar training and certification. The fee shall not exceed reasonable costs to provide the program.

7) Provides the ABC shall send a bar, night club, or restaurant a Safe Bar certification and sticker or placard that indicates that all the employees of the bar, night club, or restaurant have completed the training.

8) States that a bar, night club, or restaurant that receives a Safe Bar certification and sticker or placard from the ABC shall train new employees within eight weeks of the employee starting their position.

9) States that a bar, night club, or restaurant may display the certification and sticker or placard in order to confirm that all employees have completed the Safe Bar Training Program.

10) Provides that ABC may consult with relevant experts, stakeholders, and entities to develop the campaign and the Safe Bar Training Program.

EXISTING LAW:

1) Establishes the 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 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 bar). An ‘off-sale” license authorizes the sale of all types of alcoholic beverages for consumption off the premises in original sealed containers. (Business and Professions Code (BPC) § 25624)

4) Establishes the Responsible Beverage Service (RBS) Training program that requires 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 ABC. (BPC § 25680)

5) 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. Defines “drug testing devices” to mean test strips, stickers, straws, and other devices designed to detect the presence of controlled substances in a drink. Prohibits a Type 48 licensee from being held liable for a defective test or inaccurate test result. States that a violation of its provisions is not a crime. This provision shall be operative on July 1, 2024, and shall be repealed on January 1, 2027. (BPC § 25624)

6) 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.

7) 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.

8) Provides that notwithstanding the aforementioned provision, a cause of action may be brought by or on behalf of any person who has suffered injury or death against any person licensed, or required to be licensed, under the Act, or any person authorized by the federal government to sell alcoholic beverages on a military base or other federal enclave, who sells, furnishes, gives or causes to be sold, furnished or given away any alcoholic beverage, and any other person who sells, or causes to be sold, any alcoholic beverage, to any obviously intoxicated minor where the furnishing, sale or giving of that beverage to the minor is the proximate cause of the personal injury or death sustained by that person.

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

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

COMMENTS:

Purpose of the bill. According to the author’s office, “drink spiking, and the horrific crimes that often follow the act, have largely been underreported and unacknowledged due to factors such as the effects that date rape drugs have on the victim’s memory, and how fast these drugs leave the body. Unfortunately, the victims of these crimes are largely women, and members of the LGBTQ+ community. The author concludes that this bill is part of a broader bill package to tackle this issue and will increase awareness through the creation of a public awareness campaign, and with the Safe Bar Program, better inform restaurants, bars, nightclubs, and the general public on how to prevent drink spiking, and also how to handle the unfortunate event if it does occur.

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. RBS server certifications are valid for three years.

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.”

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 District Attorneys Association writes in support of this bill, “Drink spiking is a dangerous practice too often committed to facilitate rape and other violent sexual offenses. Its primary targets are women and LGBTQ+, and it very often occurs in bars or nightclubs. While a perpetrator may intend only to disable their victim, drink spiking can have serious health impacts, including death. Education about the dangers of drink spiking, how to avoid it, and what to do if it is suspected, can help a person avoid victimization for themselves and others around them. Education aimed at bartenders and other food and drink servers, can further help prevent or minimize victimization.”

Policy considerations. To meet the intent of the bill while taken into consideration the current structure, statutory duties, programs, and budget of the ABC, the author and the Committee may consider the following amendments either in Committee or if the bill moves forward: 1) Instead of having the ABC create an entirely new voluntary Safe Bar Training Program for bars, night clubs, and restaurants, it might be more advantageous and cost effective to require, on or before July 1, 2026 that existing RBS training courses include best practices on how to prevent or protect a person from drink spiking. The RBS training course shall include best practices if a person believes they have, or someone they observe has, been drugged as a result of drink spiking; and 2) Given that ABC is a special fund agency, meaning that all of its funding comes entirely from license fees paid by the alcohol industry, it should be assumed that the department would not have the funds necessary to develop and launch a public education campaign by January 1, 2026, as required by this measure. Due to budgetary constraints, this additional obligation might be best supported through a General Fund appropriation.

Related legislation. AB 771 (Lowenthal) of 2023. This bill would have prohibited the administering a controlled substance, anesthetic, or intoxicating agent to a person without their consent. AB 771 would have imposed an additional penalty if this prohibition was violated with the intent to enable the commission of a crime or if the violation results in bodily injury or death. (The bill was not by the Assembly Committee on Public Safety)

AB 1524 (Lowenthal) of 2023. This bill would require the California State University and each community college district and encourages the University of California, independent institutions, and private postsecondary education institutions, to stock an adequate supply of drug testing devices, free of cost and at least one designated location on each campus. (Senate Inactive File)

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 2389 (Lowenthal) of 2024. This bill would require an on-sale general eating place (Type 47) or an on-sale general public premises (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. (Assembly Committee on Governmental Organization)

Prior legislation. AB 1013, (Lowenthal), Chapter 353, Statutes of 2023. Required 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

California District Attorneys Association

City of West Hollywood

Opposition

None on file

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

Date of Hearing: April 2, 2024

ASSEMBLY COMMITTEE ON HEALTH

Mia Bonta, Chair

ABPCA Bill Id:AB 2402

Author:((Lowenthal) – As Introduced Ver:February 12, 2024

SUBJECT: Drink spiking.

SUMMARY: Requires the Department of Public Health (DPH), 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. Specifically, this bill:

1. Requires, on or before January 1, 2026, DPH to create and implement a campaign that does all of the following:
   1. Raises public awareness of the risks of drink spiking and the availability of drug testing devices;
   2. Educates the public on all of the following best practices:
      1. How to prevent drink spiking; and,
      2. What to do if a person believes they have, or another person has, been the victim of drink spiking.
   3. Educates the public on appropriate public resources or other best practices to prevent and mitigate the effects of drink spiking, as determined by DPH.
2. Requires DPH to establish a Safe Bar Training Program (the Program) for bars, night clubs, and restaurants on or before July 1, 2026; and authorizes any bar, night club, or restaurant to participate in the Program.
3. Requires the Program to develop a training that equips and prepares employees of bars, night clubs, and restaurants on all of the following.
   1. Identifying strategies to cultivate a safe and inclusive environment;
   2. Demonstrating the ability to intervene in situations where there is a risk of sexual assault;
   3. Identifying the five types of bystander intervention strategies;
   4. Identifying common responses to trauma;
   5. Identifying appropriate responses to a disclosure of sexual assault;
   6. Best practices on how to prevent or protect a person from drink spiking;
   7. Best practices if the person believes they have, or someone they know has, been drugged as a result of drink spiking;
   8. The availability and use of drug testing devices and other preventative measures to help prevent and protect a person from falling victim to drink spiking; and,
   9. Any other best practices or resources deemed appropriate to educate and raise awareness associated with the ways a person can prevent and protect themselves and others from drink spiking.
      
4. Requires the Program, utilizing available resources developed by the Campaign, to develop information and resources to raise awareness about the risks associated with, and ways to prevent and protect a person from, drink spiking.
5. Requires a bar, night club, or restaurant that participates in the program to pay a fee, as determined by DPH, in order to receive the Safe Bar training and certification.
6. Requires the fee not to exceed reasonable costs to provide the program
7. Requires DPH to send a bar, night club, or restaurant a Safe Bar certification and sticker or placard that indicates that all the employees of the bar, night club, or restaurant have completed the training.
8. Requires a bar, night club, or restaurant that receives a Safe Bar certification and sticker or placard from DPH to train new employees within eight weeks of the employee starting their position.
9. Allows a bar, night club, or restaurant to display the certification and sticker or placard in order to confirm that all employees have completed the Safe Bar Training Program.
10. Allows DPH to consult with relevant experts, stakeholders, and entities to develop the campaign and the Safe Bar Training Program.
11. Defines the following for purposes of this bill:
    1. “Campaign” means the public education campaign required by this bill;
    2. “Drink spiking” means putting alcohol or drugs into another person’s drink without their knowing and express consent, also known as roofying; and,
    3. “Drug testing device” means test strips, stickers, straws, and other devices designed to detect the presence of alcohol or drugs in a drink.

EXISTING LAW:

1. 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 bar). [Business and Professions Code (BPC) § 25624]
2. Establishes the Responsible Beverage Service (RBS) Training program that requires the Department of Alcoholic Beverage Control (ABC), 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 ABC. [BPC § 25680]
3. Defines “drug testing devices” to mean test strips, stickers, straws, and other devices designed to detect the presence of controlled substances in a drink [BPC § 25624]
4. Defines “controlled substances” to include but not be limited 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. [BPC § 25624]
5. 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. [BPC § 25624]
6. Requires a licensee to post the following notice in a prominent and conspicuous location: “Don’t get roofied! Drink spiking drug test kits available here. Ask a staff member for details.” [BPC § 25624]
7. Does not prevent a Type 48 licensee from offering drug testing devices to their customers free of charge. [BPC § 25624]
8. Prohibits a Type 48 licensee from being held liable for a defective test or inaccurate test result, including, but not limited to, a false positive or false negative test result. [BPC § 25624]
9. Requires a Type 48 licensee to 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. [BPC § 25624]
10. Requires ABC to 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. [BPC § 25624]
11. Authorizes DPH to disseminate information relating to the protection, preservation, and advancement of public health. [HSC §131085].

FISCAL EFFECT: Unknown. This bill has not been analyzed by a fiscal committee.

COMMENTS:

1. PURPOSE OF THIS BILL. According to the author, drink spiking, and the horrific crimes that often follow the act, have largely been underreported and unacknowledged due to factors such as the effects that date rape drugs have on the victim’s memory, and how fast these drugs leave the body. Unfortunately, the victims of these crimes are largely women, and members of the LGBTQ community. The author concludes that this bill is part of a broader bill package to tackle this issue and will increase awareness through the creation of a public awareness campaign, and with the Safe Bar Program, better inform restaurants, bars, nightclubs, and the general public on how to prevent drink spiking, and also how to handle the unfortunate event if it does occur.
2. BACKGROUND.
   1. Drink spiking. Media coverage has generated widespread concern that “drink spiking,” defined as the “the unsolicited addition of a drug to a drink consumed in a social setting” is relatively common. According to various media outlets, it's difficult to find comprehensive, up-to-date statistics on the prevalence of drink-spiking/drugging but various police departments 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 BPD said it has "become aware of numerous social media posts from various individuals who state that they were victims of drink spiking at local area bars." In California, in the previous three years, the Long Beach Police 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.
   2. Drug Facilitated Sexual Assault (DFSA). Drink spiking has been associated with drug facilitated sexual assault. A 2015 study in San Francisco focused on a two-year ethnically diverse cohort of 390 patients who presented acutely to an urban rape treatment center, and found that DFSA accounted for over half of the total sexual assault cases. Involuntary DFSA (in which an incapacitating substance was administered to victims without their knowledge or against their will) increased from 25% to 33% of cases over the two-year period. DFSA victims presented sooner, and more often attended medical follow-up and psychotherapy than non-DFSA victims. Incidence rates indicated increasing risk for young males. The researchers concluded that that the field would benefit from innovations to address symptomatology arising from this novel type of trauma and underscoring the ongoing need for DFSA-specific prevention efforts for both victims and perpetrators.

According to the US Department of Women’s Health, abusers are able to use any type of drug, including marijuana, cocaine, or prescription or over-the-counter drugs like antidepressants, tranquilizers, or sleeping aids to overpower a victim or make them not remember an assault. Other common date rape drugs include flunitrazepam (Rohypnol), GHB, gamma-butyrolactone GBL, and ketamine, which go by the street names roofies, liquid ecstasy, and Special K respectively. Through drink spiking, the victims often consume these drugs without having realized it and suffer from side effects such as dizziness, confusion, and loss of memory. Additionally, once someone has been drugged, the controlled substances usually pass through their system overnight and the presence of these substances is undetectable after the individual first urinates in the morning and would not be detectable without laboratory testing of hair follicles approximately 30 days after ingestion.

• 1. Efforts to address drink spiking. To help people detect drugs that might otherwise fly under the radar, some companies have begun selling products that identify whether a drink has been tainted. At least two products are on the market that detect drugged drinks: drink coasters and a device that works like a pregnancy test for a drink. Several others are in the works, including a napkin that detects at least 26 drugs.

In response to reports from people who felt as though they had been drugged, possibly via drink spiking, 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.

Similarly, 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.

• 1. Availability of drug testing at on-sale general public premises. AB 1013 (Lowenthal), Chapter 353, Statutes of 2023, requires, commencing July 1, 2024, requires on-sale general public premises Type 48 licensees 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.
  2. RBS Training Program. AB 1221 (Gonzalez Fletcher), Chapter 847, Statues of 2017, created the RBS Training Program Act with the intention of reducing alcohol-related harm to local communities. The bill required ABC to create the RBS Training Program to ensure on-premises servers of alcoholic beverages and their managers are educated on the dangers of serving alcohol to minors and over-serving patrons. Approximately 56,000 ABC licensees have on-premises alcohol sales privileges, which means alcohol can be consumed on site. On-premises locations include, but are not limited to, bars, restaurants, tasting rooms, clubs, stadiums, movie theaters, hotels, and caterers. 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." The RBS training is currently available in several different languages.
  3. ABC Licensee Education on Alcohol and Drugs (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 with 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.
  4. 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.
  5. Safe Bar Program. Safe Bar is an initiative developed by the Sexual Assault Center (SAC) of Middle Tennessee. Through this program, employees of local bars and restaurants have access to training how to recognize signs of potential assault or unwanted behaviors, how to safely intervene or respond to sexual assault, and how alcohol and drugs can play a role in sexual assault. The program advertises benefits including a window cling to let patrons know that staff is trained to respond to sexual harassment and discrimination, access to drug detection coasters to detect the presence of GHB and ketamine, and access to ambassadors and trainers for guidance. SAC operates this initiative in partnership with the Tennessee Coalition to End Domestic and Sexual Violence and the Tennessee Department of Health.

1. SUPPORT. The California District Attorneys Association writes in support of this bill, stating: “Drink spiking is a dangerous practice too often committed to facilitate rape and other violent sexual offenses. Its primary targets are women and LGBTQ+, and it very often occurs in bars or nightclubs. While a perpetrator may intend only to disable their victim, drink spiking can have serious health impacts, including death. Education about the dangers of drink spiking, how to avoid it, and what to do if it is suspected, can help a person avoid victimization for themselves and others around them. Education aimed at bartenders and other food and drink servers, can further help prevent or minimize victimization.”
2. DOUBLE REFFERAL. This bill is double referred, upon passage of this committee, it will be referred to the Assembly Committee on Governmental Organization.
3. RELATED LEGISLATION.
   1. AB 1013 requires on-sale general public premises Type 48 licensees 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.
   2. AB 1524 (Lowenthal) of 2023 would have required the California State University and each community college district and encourages the University of California, independent institutions, and private postsecondary education institutions, to stock an adequate supply of drug testing devices, free of cost and at least one designated location on each campus. AB 1524 is on the Senate inactive file.
   3. AB 771 (Lowenthal) of 2023 would have prohibited the administering a controlled substance, anesthetic, or intoxicating agent to a person without their consent. AB 771 would have imposed an additional penalty if this prohibition was violated with the intent to enable the commission of a crime or if the violation results in bodily injury or death. AB 771 was not heard in the Assembly Committee on Public Safety.
4. PREVIOUS LEGISLATION.
   1. AB 1221 establishes 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, AB 1121 requires, beginning July 1, 2021, an alcohol server, as defined, to successfully complete an RBS training course offered or authorized by ABC.
   2. SB 1182 (Galgiani), Chapter 893, Statutes of 2016, provides that possession of GHB, Rohypnol, or ketamine with the intent to commit a sex crime, as defined, is a felony, punishable pursuant to Penal Code Section 1170 (h) for 16 months, two years, or three years.
5. POLICY COMMENTS. The author contends that this program, modeled after Nashville’s Safe Bar program, will not only better educate restaurant, bar, and night club employees about the dangers of drink spiking, but also better equip them to help to take preventative measures and promote a safer atmosphere. Given that ABC already administers the RBS training program, the author may wish to consider directing ABC to implement this bill’s provisions on training for employees of bars, night clubs, and restaurants and direct ABC to implement the public awareness campaign.

REGISTERED SUPPORT / OPPOSITION:

Support

California District Attorneys Association

Opposition

None on file.

Analysis Prepared by: Eliza Brooks / HEALTH / (916) 319-2097