New state law requiring drug testing tools at some businesses serving alcohol taking effect July 1

SACRAMENTO, Calif. – A new law, set to take effect on Jul. 1, mandates that businesses with a Type 48 license to serve alcohol also offer drug testing kits for sale or at no cost to customers.

According to the California Department of Alcoholic Beverage Control, the new rules impact around 2,400 licensees statewide, mostly bars and night clubs.

The state alcohol regulatory agency does not provide tests, does not officially endorse any particular testing tools, and notes that licensees are responsible for procuring the kits detailed a press release about the new regulations from the Department of Alcoholic Beverage Control.

AB 1013, signed into law in October of 2023, changed the state's Business and Professions Code sections regarding alcoholic beverages to require those holding or applying for on-sale general public premises to offer patrons drug testing devices at no cost or "a cost not to exceed a reasonable amount based on the wholesale cost of those devices".

The bill did not make violations of the code a crime, though licensees could face administrative actions that impact their licenses and the amended code prohibits Type 48 license holders from being held liable for defective or inaccurate test results shared the state alcohol regulatory agency.

The new regulation requires Type 48 license-holders to provide testing devices that are not expired and drug testing devices suggested include test strips, stickers, and straws explained the Department of Alcoholic Beverage Control.

The California Department of Alcoholic Beverage Control's website shows a sample sign as well as information about the new regulations.