On-sale general public premises: drug testing devices.

Assembly Member Macedo's proposal to expand California's drug testing requirements for bars and nightclubs adds carfentanil and fentanyl to the list of substances that establishments must be able to detect through customer testing devices. The measure modifies existing regulations for Type 48 license holders (on-sale general public premises), which currently mandate testing capabilities for substances like flunitrazepam, ketamine, and gamma hydroxybutyric acid.

Under the legislation, licensed establishments must continue offering drug testing devices to patrons at prices not exceeding wholesale costs, while displaying prominent notices about the availability of drink testing kits and protective lids. The bill explicitly shields businesses from liability for inaccurate test results and requires them to ensure testing devices remain within manufacturer-specified expiration dates. The Department of Alcoholic Beverage Control would maintain online resources detailing compliance requirements, including approved signage and testing device specifications.

The provisions would take effect July 1, 2024 and sunset on January 1, 2027. Violations would be treated as non-criminal matters rather than prosecuted under existing alcoholic beverage control statutes. The measure requires no new state appropriations and places implementation costs primarily on licensed establishments.