Trade
On-sale general public premises: drink lids and drug testing devices
California permanently requires Type 48 bars to make drink-spiking prevention tools available and post a warning notice.
The law gives patrons access to drink lids and drug-testing devices intended to detect controlled substances in drinks. It replaces the prior sunset date, so these requirements continue indefinitely.
What the law does
- Requires Type 48 license applicants and holders to sell drug-testing devices at a reasonable cost based on wholesale price.
- Requires Type 48 licensees to provide a drink lid on request, with any fee limited to a reasonable wholesale-cost-based amount.
- Requires licensees to prominently post one of two approved notices about available drink lids and test kits.
- Allows licensees to provide lids and testing devices free of charge.
- Requires licensees to ensure offered testing devices are within their labeled expiration date or recommended period of use.
- Shields licensees from liability for defective tests or inaccurate results.
- Directs the Department of Alcoholic Beverage Control to post online information about these requirements.
- Makes violations noncriminal and limits a first violation of the lid requirement, including its notice requirement, to a department warning.
Who it affects
- Type 48 on-sale general public premises license applicants and holders.
- Customers at Type 48 licensed premises.
- The Department of Alcoholic Beverage Control.