Alcoholic beverage control: large outdoor events: drink spiking.

The entire amendment to Government Code Section 66602 (San Francisco Bay Conservation and Development Commission legislative findings) was removed. The bill now addresses only the alcoholic beverage drink spiking provisions.

The obligation to comply with drink spiking requirements shifted from 'the promoter of a large outdoor event who applies for any license to serve alcohol' to 'any person who obtains a catering authorization or daily on-sale license for the sale of alcoholic beverages at a large outdoor event.' This broadens the class of responsible parties from promoters specifically to all licensees at such events.

A sunset provision was added: the section becomes operative July 1, 2026 and is repealed as of January 1, 2029. The bill heading was changed to 'add and repeal' to reflect this temporary nature.

New liability protection for licensees: they shall not be held liable for a defective test or inaccurate test result, including false positives or false negatives from drug testing devices.

Licensees must ensure all drug testing devices offered to customers have not exceeded their expiration date or recommended period of use per the product label, packaging, or manufacturer recommendation.

Licensees may now charge an additional fee for drink lids, provided it does not exceed a reasonable amount based on wholesale cost. They may also offer lids free of charge.

The required notice posting location was narrowed from 'a prominent and conspicuous location' to 'a prominent and conspicuous location at alcohol dispensing points.'

The Department of Alcoholic Beverage Control must post on its website a link to a page containing information about the section's requirements, including required signage and types of drug testing devices that must be available.

Fiscal committee review changed from 'no' to 'yes,' indicating the bill now requires fiscal analysis due to the new departmental website posting obligation.

The liability protection for inaccurate or defective test results is now conditional. Previously, any licensee was automatically protected from liability for false positives or negatives. Now, the protection only applies if the licensee has complied with all manufacturer instructions related to testing devices, including storage instructions and expiration date requirements.

A new provision states that a first violation of the drink spiking requirements at large outdoor events will result only in a warning from the department (the California Department of Alcohol Control), rather than an immediate penalty. This creates a grace period before enforcement actions can be taken.

The bill's introductory section was revised to list both Assembly Members Lowenthal and Davies as co-introducers rather than listing one as the primary author and the other as a coauthor. Page numbers were also adjusted from 96 to 95.

Responsibility for compliance shifted from the event 'promoter' (who arranges or conducts the event) to 'any person who obtains a catering authorization or daily on-sale license' for the sale of alcoholic beverages at the event. This means the licensee, not necessarily the event organizer, must comply with drink spiking requirements.

The definition of 'Promoter' (an individual, association, corporation, partnership, or other organization that arranges, holds, organizes, or otherwise conducts a large outdoor event) was removed since the term is no longer used in the operative provisions.

The required notice ('Don't get roofied! Drink lids and drink spiking drug test kits available here...') must now be posted specifically 'at alcohol dispensing points' rather than in a general 'prominent and conspicuous location,' narrowing where it must appear.

Authorship changed from Lowenthal as sole introducer with Davies as coauthor to both Lowenthal and Davies as joint introducers. Minor drafting fixes include changing 'definitions apply' to 'definitions shall apply' and removing a stray 'to' in the act description.

Added an entirely new section (23398.9 Business and Professions Code) requiring promoters of large outdoor events to comply with drink spiking prevention measures when applying for alcohol licenses. The bill now covers two unrelated topics: Bay conservation findings and alcoholic beverage safety.

Added definitions for 'controlled substances' (including flunitrazepam, ketamine, GHB and its variants), 'drink spiking,' 'drug testing devices,' 'large outdoor event' (nonpermanent venue, stages, over 10,000 attendees per day), 'lid,' and 'promoter.'

Promoters of large outdoor events must: offer drug testing devices at a reasonable cost based on wholesale price; provide drink lids upon request (must fit at least one container type); contact law enforcement or EMS when notified of suspected spiking with specific information categories (positive test, tampering observation, verbal report, symptoms); and post a notice reading 'Don't get roofied! Drink lids and drink spiking drug test kits available here. Ask a staff member for details.'

Specified that a violation of the new section is not a crime, meaning enforcement would be through administrative license actions rather than criminal prosecution.

Made nonsubstantive wording corrections to existing Section 66602 Government Code legislative findings (removing redundant phrases like 'the bay' and 'purposes').

Fiscal committee review changed from 'no' to 'yes,' indicating the amended bill now requires fiscal impact analysis due to the new regulatory requirements.