California’s nightlife is about to undergo a significant change with the introduction of the new permanent on-sale general public premises guidelines. Assembly Bill 1013 (AB1013), part of the 2023-2024 regular session. Starting July 1, 2024, the California department of alcoholic beverage control has stated certain bars and nightclubs will be required to offer customers drug testing devices or kits to their patrons. This new law aims to enhance safety in nightlife venues and provide individuals with tools to protect themselves.
This blog post outlines what this new law means for the license or the holder of an existing type 48 license (bar owners) and patrons alike.
Who Does This Law Affect?
The law specifically targets establishments with a Type 48 license, also known as an “on-sale general public premises” license. This typically includes:
- Bars
- Nightclubs
- Venues that serve alcohol but aren’t required to serve food
If you’re a bar owner or manager, now is the time to verify your license type and prepare for these new requirements.
Key Requirements of Assembly Bill 1013
- Offering Drug Testing Devices: Establishments must make drug testing devices available for purchase to customers. These can include test strips, stickers, or other devices designed to detect controlled substances in drinks.
- Reasonable Pricing: While the law requires these devices to be offered for sale, it also stipulates that pricing should be reasonable based on wholesale costs. This ensures that the kits remain accessible to patrons in a prominent and conspicuous location.
- Mandatory Signage: A prominent notice must be displayed, reading: “Don’t get roofied! Drink spiking drug test kits available here. Ask a staff member for details.”
- Expiration Date Management: All testing devices must be within their expiration date or recommended period of use. This requires diligent inventory management.
- Option for Free Distribution: While not required, establishments can offer these devices free of charge.
Understanding Drug Testing Devices
The law specifically mentions several controlled substances that these kits should detect, including:
- Flunitrazepam (Rohypnol)
- Ketamine, classified under date rape drug concerns, should be part of the testing regimen.
- Gamma hydroxybutyric acid (GHB)
However, it’s important to note that the law isn’t limited to just these substances. The goal is to provide broad protection against various forms of drink spiking.
Liability Considerations for Bar Owners
The law provides some protection for Type 48 license holders. As stated in the bill text, establishments cannot be held liable for defective tests or inaccurate results, including false positives and negatives. This provision aims to encourage compliance without fear of undue legal repercussions.
Implementing Effective Compliance Strategies
To meet these new requirements efficiently, bar owners should consider the following strategies:
- Source reliable drug testing devices (this also means test strips) from reputable suppliers such as OpiSafe Vending Solutions
- Implement comprehensive staff training on the law and how to assist customers
- Establish a robust system to track expiration dates and manage inventory (making sure that kits that have exceeded their expiration date are taken out of circulation)
- Create and prominently display the required signage
- Set up a pricing structure that covers costs without being prohibitively expensive
Innovative Solutions: Harm Reduction Vending Machines
While not explicitly mentioned in the law, vending machines offer an efficient way to comply with AB1013. OpiSafe’s harm reduction vending machines provide several advantages for a new permanent on-sale general public premises:
- 24/7 Availability: Ensures test kits are accessible even during peak hours in a prominent and conspicuous location.
- Automated Inventory Tracking: Helps maintain compliance with expiration date requirements
- Customizable Options: Can be tailored to dispense various types of test kits
- Educational Displays: Can show content about drink safety and proper test kit usage
- Discreet Access: Provides a private way for patrons to obtain test kits
How OpiSafe Machines Help Meet AB1013 Requirements
- Offer drug testing devices: Our machines can be stocked with a variety of compliant test kits.
- Pricing control: Set prices directly through our software interface, ensuring compliance with reasonable pricing requirements.
- Expiration date management: Our system alerts you when products are nearing expiration, helping you maintain compliance.
- Signage integration: The machine’s display can incorporate the required signage, ensuring it’s always visible.
- Inventory tracking: Real-time inventory management helps you ensure test kits are always available as required by law.
A Significant Step Towards Enhancing Safety
Assembly Bill 1013 represents a significant step towards enhancing safety in California’s nightlife scene. While it brings new responsibilities for bar owners, it also presents an opportunity to demonstrate a commitment to patron safety.
OpiSafe is dedicated to supporting businesses as they implement these new safety measures. Our harm reduction vending machines offer a comprehensive solution to meet the requirements of AB 1013 while prioritizing patron safety and operational efficiency.
If you’re interested in learning more about how OpiSafe’s vending solutions can help your establishment comply with AB 1013, we invite you to schedule a consultation. Our team can assess your needs and recommend tailored options to meet legal requirements and your business goals.
Don’t wait until the last minute. Start preparing now to ensure your establishment is ready for the July 1, 2024 implementation date. Contact OpiSafe today to explore your options and take proactive steps toward compliance and patron safety.
