§ 25624.5. — 25624.5. (Added by Stats. 2024, Ch. 310, Sec. 1.)

California § 25624.5.

• Jurisdiction: California
• Code BPC: Business and Professions Code - BPC
• Div. 9.: DIVISION 9. ALCOHOLIC BEVERAGES
• Ch. 16.: CHAPTER 16. Regulatory Provisions
• Art. 1.: ARTICLE 1. In General

Text

(a)
For purposes of this section, the following definitions apply:
(1)
“Drug testing devices” means test strips, stickers, straws, and other devices designed to detect the presence of controlled substances in a drink.
(2)
“Drink spiking,” also known as “roofied,” includes, but is not limited to, adding a controlled substance or alcohol to a person’s drink without the knowledge or consent of that person.
(3)
“Controlled substances” includes, but is not limited to, 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.
(b)
An applicant for a new permanent on-sale general public premises (Type 48) license or the holder of an existing Type 48 license shall contact and provide any of the following 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:
(1)
A positive test result from a drug testing device.
(2)
Observation of someone tampering with a customer’s drink.
(3)
Verbal communication to staff that a customer has been drugged.
(4)
Observation of symptoms associated with the effects of drink spiking or the controlled substances used for drink spiking.
(5)
Upon contacting law enforcement or emergency medical services, the licensee or a member of the staff shall, to the best of their ability, follow any instructions provided by law enforcement or emergency medical services personnel, and, to the best of their ability, monitor the customer until law enforcement or emergency medical services arrive at the premises to assess the customer.
(c)
Notwithstanding Section 25617, a violation of this section is not a crime.

Legislative History

Added by Stats. 2024, Ch. 310, Sec. 1. (AB 2389) Effective January 1, 2025.