Updated November 8, 2026. Requirements and sources were reviewed as of this update. This article first covered AB 1013 before its July 1, 2024 effective date. The law has changed since then: a drink-lid requirement and an alternative sign option were added, and in 2026 the Legislature repealed the original January 1, 2027 sunset date. Statements below are labeled by date so earlier and current rules are not confused.
What AB 1013 required
Assembly Bill 1013 (Lowenthal, Chapter 353, Statutes of 2023) created a new requirement for California bars and nightclubs holding a Type 48 license. According to ABC’s January 2024 industry advisory, beginning July 1, 2024, Type 48 license holders and applicants, including those with interim operating permits, had to make drug testing devices available to customers. These could include test strips, stickers, straws, or other devices designed to detect controlled substances commonly used to spike drinks.
The advisory said the substances may include, but are not limited to, flunitrazepam, ketamine, and gamma hydroxybutyric acid (GHB). The devices had to be within their expiration date or recommended period of use, and had to be either sold at a price not exceeding a reasonable amount based on wholesale cost, or given to customers free of charge.
Licensees also had to post a notice, verbatim, in a prominent and conspicuous location: “Don’t get roofied! Drink spiking drug test kits available here. Ask a staff member for details.”
Who was affected
Type 48 licenses are issued to bars and nightclubs. In a March 25, 2024 news release, ABC explained that the license authorizes the sale of beer, wine, and distilled spirits for consumption on the premises, that minors are not allowed on the premises, and that food service is not required. ABC said the law affected approximately 2,400 licensees across California.
ABC also said that licensees are responsible for buying the kits, and that ABC does not sell or provide kits or recommend any specific company. The Los Angeles Times reported on March 26, 2024, that cities including West Hollywood and Long Beach had already launched local programs offering drug-test kits to bars and restaurants, after consistent annual reports from people who believed they had been drugged. The Times noted that Long Beach’s health department publishes a list of businesses participating in its SipSafe Long Beach program.
Key details from ABC’s guidance
- Not every kit must test for every drug. ABC’s FAQ says an individual kit does not have to test for all three listed substances. Offering tests that detect at least one controlled substance used to drug people through beverages is considered compliant.
- Violations are administrative. ABC said violations are not criminal offenses but may result in administrative action against the license.
- Licensees are not liable for defective tests. The January 2024 advisory said that while licensees must ensure devices are not expired, they are not liable for defective tests or inaccurate results, such as false positives or false negatives.
- Kits can be inexpensive. ABC’s FAQ noted that devices can be purchased in bulk for less than $1.00 each, and that the most common strips test for GHB and ketamine.
What has changed since 2024
A sunset date, then a repeal of the sunset
When AB 1013 took effect, ABC’s January 2024 advisory said the requirements were scheduled to repeal on January 1, 2027, unless extended. That is no longer the case. In an October 9, 2026 advisory, ABC announced that Assembly Bill 1982 (Lowenthal, Chapter 377, Statutes of 2026) repealed the statutory sunset dates, making the drink-spiking mitigation requirements permanent. ABC’s advisory states plainly that these laws “will not self-repeal in the future.”
Drink lids
The October 2026 advisory also describes a requirement in Business and Professions Code section 25625 that Type 48 license holders make a drink lid available with a customer’s drink on request, either free or at a price not exceeding a reasonable amount based on wholesale cost. ABC’s FAQ says a napkin does not count as a lid, and that if a customer requests a lid, the drink should be served in a container the lid fits.
Updated signage
According to the October 2026 advisory, Type 48 licensees must now post one of two notices verbatim in a prominent and conspicuous location:
- “Don’t get roofied! Drink lids and drink spiking drug test kits available here. Ask a staff member for details.”
- “Drink spiking is a crime we take seriously. Concerned about your drink? Drink lids and test kits are available — ask a staff member for details.”
Venues still displaying the original 2024 sign, which mentions only test kits, should check ABC’s current advisory and update their signage.
Talking with guests about kits and lids
A sign on the wall only helps if staff are comfortable discussing it. Guests may ask how a test works, whether it costs anything, or what to do with a result. Staff do not need to be experts, but they should be able to explain the basics calmly: where the kits and lids are, how much they cost if anything, and that a manager can help if a guest is worried. A simple, friendly tone matters. Guests who ask about a kit are often already anxious, and a dismissive answer can make them feel unsafe.
It also helps to normalize the conversation. Some venues mention lids and kits when guests order, or include them on menus. Making these tools visible signals that the venue takes drink safety seriously and makes it easier for guests to ask.
A simple shift checklist
- Confirm the required sign is posted where patrons can clearly see and read it.
- Check that test devices are in stock and not past their expiration dates.
- Confirm lids are available and that staff know which glassware they fit.
- Remind staff where supplies are kept and who to alert if a guest has concerns.
- Review the venue’s response plan for suspected drink spiking during the pre-shift meeting.
- Make sure incidents are recorded in the venue’s incident log.
ABC’s Model House Policies recommend recording serious problems in an incident log for future reference, and that practice applies to suspected drink spiking as well.
Putting the law into practice
Stock and store supplies
Keep test devices and lids where staff can reach them quickly, track expiration dates, and reorder before supplies run low.
Train staff to respond
Staff should know where kits and lids are kept, how to explain them to guests, and what to do if a guest believes their drink was tampered with. Our step-by-step guide to responding when a guest says they may have been drugged covers that response.
Keep training current
California’s Responsible Beverage Service (RBS) training must include drink-spiking prevention and response content by January 1, 2027, under a separate law, AB 2402. Our article on AB 2402 and the new RBS drink-spiking requirements explains what that means for servers and managers.
Remember that a test is not a guarantee
Test devices detect certain substances only. A negative result does not prove a drink is safe, and a guest who feels unwell should be taken seriously regardless of a test result. If someone shows signs of a medical emergency, call 911.
Beyond compliance: building a safer venue
Test kits and lids are one layer of protection. Venues that want to reduce drink spiking also look at the environment. Good lighting at the bar, staff who watch for drinks left unattended, clear sightlines, and security staff who know how to respond all help. Many venues train bartenders to watch for anyone reaching over or near another guest’s glass, and to offer a fresh drink when a guest is unsure whether their drink was tampered with. Managers can also work with local law enforcement and, where available, local programs like those described in the Los Angeles Times coverage of West Hollywood and Long Beach.
Finally, venues should make sure that guests who report a possible spiking incident are treated with care and believed. Staff should stay with the guest, help them connect with friends or medical help, and follow the venue’s response plan.
The legal basis
The test kit requirement is in Business and Professions Code section 25624, and the lid requirement is in section 25625, both in Article 1 of Chapter 16 of the Business and Professions Code, available on the Legislature’s official code website. ABC’s 2023 chaptered legislation page lists AB 1013 among the bills enacted that year.
Keeping up with future changes
The history of this law shows how quickly requirements can change. In just over two years, the rules gained a lid requirement, a new sign option, and permanent status. Venues should check ABC’s industry advisories regularly, update signage and procedures when the law changes, and make sure staff training reflects current requirements rather than the rules as they stood in 2024.
Frequently asked questions
Do restaurants with a Type 47 license have to offer test kits? Sections 25624 and 25625 apply to Type 48 license holders, according to ABC’s advisories. Other businesses may choose to offer kits or lids voluntarily.
Can a bar charge for kits? Yes, at a price not exceeding a reasonable amount based on wholesale cost, or the bar can provide them free.
Will these requirements expire in 2027? No. According to ABC’s October 2026 advisory, AB 1982 made them permanent.
Can ABC recommend a brand? No. ABC says it cannot choose manufacturers.
Do the rules apply to private events at a Type 48 bar? The requirements attach to Type 48 license holders and their licensed premises, according to ABC’s advisories. If you have questions about a specific event or setup, contact your local ABC district office.
What should staff do with a positive test result? Take the guest’s concern seriously, keep the drink if possible, stay with the guest, offer medical help, and follow your venue’s response plan, including contacting law enforcement or emergency services as appropriate. A test result is a reason to act, not a diagnosis.
Should we keep a log of kits handed out? It is not required by the advisory, but some venues track supplies and incidents to help with reordering and to document their efforts.
The bottom line
AB 1013 made California Type 48 bars and nightclubs offer drink-spiking test devices beginning July 1, 2024. Since then, lid and signage requirements have been added, and the requirements are now permanent. Keep supplies stocked, signs current, and staff trained to respond with care.
Prepare your team for drink-spiking situations
RBS courses must include drink-spiking content by January 1, 2027. ServeTrain’s RBS course helps California servers and managers prepare for ABC’s exam. Before enrolling, register or log in to your RBS Portal account with ABC and confirm your chosen course appears in the portal’s training provider search.
Sources
- California ABC, Type 48 Licenses: New Signage and Product Requirements Take Effect July 1, 2024
- California ABC, New Law Requiring Bars Serving Spirits to Offer Drug Testing Devices to Take Effect July 1 (Mar. 25, 2024)
- Los Angeles Times, Drug-testing kits to be offered to patrons in California bars this summer (Mar. 26, 2024)
- California ABC, Industry Advisory: Type 48 Drug Testing Device and Drink Lid Requirements Extended Indefinitely (Oct. 9, 2026)
- California ABC, Model House Policies
- California Legislature, Business and Professions Code §§25600–25625
- California ABC, 2023 Chaptered Legislation
This article is general information, not legal advice.
