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Jan 10, 2024
A new California law is set to take effect which will require bars and nightclubs to make drink testing kits available for patrons.
California Assembly Bill 1013 (AB 1013) was approved by Governor Newsom in October 2022. AB 1013 will require all businesses with Type 48 licenses (establishments that serve alcohol but do not sell food) to provide testing kits used to screen for common date-rape or “roofie” drugs that can be slipped into drinks. The testing kits can let patrons know if a drink has been spiked with various drugs, including ketamine, Rohypnol, and GHB.
“The kits typically include a strip, sticker, or straw that detect common roofie or date-rape drugs,” a report from ABC 7 said.
Assemblymember Josh Lowenthal helped spearhead the bill. He told KCRA that prevention is the key to keeping California bar and nightclub goers safe.
“We have to prevent it – A lot like drunk driving, before it happens,” Lowenthal said.
AB 1013 does not require businesses to offer the drink testing kits for free. If a patron requests one, however, the law mandates that it be made available.
“We don’t want this to be tough for them financially. We don’t want this to be tough for anybody. We just want a more safe environment,” Lowenthal said.
Test strips can be found online for less than a dollar apiece (they cost around 25 cents when purchased in bulk).
Bar and nightclub establishments will also be required under the new law to post signage indicating that the drink testing kits are available for purchase.
AB 1013 stipulates that all businesses which serve alcohol but not food post the following:
“Don’t get roofied! Drink spiking drug test kits available here.
Ask a staff member for details.”
A spokesperson from the California Department of Alcoholic Beverage Control told KCRA that the department is still working to determine exactly how the new requirements under AB 1013 will be implemented.
Assemblymember Lowenthal told KCRA he hoped to expand the law by making the availability of drink testing kits mandatory at additional establishments and venues. He told the outlet that college campuses should also be considered, and vowed to continue fighting what he described as an “urgent crisis that must be addressed.”
“We really want fellow bar owners to jump on board with this, and we think that everybody is going to see it as part of a solution,” he said.
The new AB 1013 law officially takes effect on July 1, 2024.
ABC 7 Los Angeles spoke with local residents about the new legislation. Many expressed support for AB 1013, and some described having previously been impacted by drink spiking at area bars and nightclubs.
“It’s super important, especially as a woman being out at night and drinking alcohol. You don’t want to be at the wrong place, with the wrong people,” Rosemary Barrionuveo, a Dublin resident, said.
“I think it’s a good idea to make people feel more safe,” Daniel Aguilera, a resident of Oakland, told ABC.
“I know men probably experienced it, too, but it’s something that a lot of women are very cautious about when they are out,” Barrionuevo added.
Aguilera also noted that the potential for having your drink spiked with a roofie or other type of common date-rape drug like ketamine or GHB is quite high.
“It happens all the time. I worked at a bar and someone got to be there one time. I’ve seen it myself,” he said to ABC.
“I worked here for a long time and I’ve seen people sort of touch other people’s drinks that I immediately just get rid of the drink because I just I think that’s you have to be careful,” Joanna Lioche, the Staff Manager at Vesuvio, told ABC 7.
Lily Horton told the network that she was almost the victim of a date rape drug drink spiking.
“They told me they wanted me to leave with them, so they got a drink and passed it behind their back and my friend saw them and defended me,” she said.
“We have a crisis that’s taking place that’s resulting in sexual assault, that’s targeting primarily women and members of the LGBTQ communities,” Assemblymember Lowenthal added.
The new legislation, which will require that California establishments provide drink testing kits to patrons, is similar to a pilot program initiated by the City of West Hollywood in 2022.
In August of that year, the West Hollywood City Council approved a plan to purchase and distribute drink-spiking test strips to local bars, restaurants, and patrons.
2,500 date rape drug testing kits were handed out to establishments by West Hollywood leaders and volunteers.
The initiative was launched after a report was released indicating that 30 sexual assaults occurred in West Hollywood between 2016 and 2021. 53% of the reported incidents occurred at the same establishment.
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