SF bars, nightclubs now must carry roofie kits

San Francisco nightlife became a little bit safer at the start of the month.

Assembly Bill 1013 took effect July 1 , requiring bars and nightclubs that sell alcohol and don’t allow customers under the age of 21 to have date-rape drug-testing kits on site for patrons to be able to detect substances used to spike beverages, colloquially known as roofies.

“If someone’s at a nightclub, and they think their drink tastes funny, they go to the bartender and say, ‘Hey, I’d like a drink test kit,’” said Devin Blankenship, a public-information officer for the California Department of Alcoholic Beverage Control. “They're supposed to have a kit there.”

Along with the kits, the bars and nightclubs will also have to display a sign somewhere prominent at their location that says, “Don’t get roofied! Drink-spiking drug test kits available here. Ask a staff member for details.”

These kits won’t be provided by the state, Blankenship said, instead businesses will have to order the kits themselves from wholesalers. The state can’t recommend any specific brands.

Test strips, stickers and straws, can detect drugs that are used to roofie unsuspecting people, like ketamine or gamma-hydroxybutyrate, known as GHB. Around 2,500 California businesses and 322 in San Francisco fall under this new law.

A San Francisco Office of Economic and Workforce Development spokesperson said staff has reminded local bars and restaurants about the law taking effect through newsletters.

“We will continue to work with ABC and our city partners to support the rollout of this new legislation,” the spokesperson said.

The San Francisco Entertainment Commission echoed this support in a statement to The Examiner, saying the commission “supports efforts to reduce the vulnerability and risk of sexual assault and harassment in nightlife spaces.”

Businesses can opt to either give out the tests for free or charge a “reasonable amount” based on the wholesale cost of the tests, Blankenship said, in an effort to prevent price-gouging.

“You don't want anyone to have to pay $100 for a test kit,” he told The Examiner.

Nate Valentine, the owner of bars Peacekeeper, Harper and Rye, and April Jean in Nob Hill and North Beach, said that already it seems as if kits’ prices are increasing.

“I ordered some about a month ago, and we got them in time,” said Valentine, who also owns live music venue August Hall in lower Nob Hill. “But I'm now seeing emails targeting bars charging like $20 per test strip, kind of predatory pricing.”

It’s not clear how many tests each business must keep in stock at a time, Blankenship said, as some details of how to implement and enforce the legislation are still being worked out.

“We're still in the education period of this law,” he said. “This law is so new, we're trying to understand it as well.”

Valentine said he’s going to keep around 20 kits stocked at each of his bars, and around 40 at the music venue, but those numbers can change depending on demand and how many get used before their expiration date.

“I think time will evolve with all this, and hopefully different test strips come out, easier testing strips,” he said. “The evolution will take place as the demand rises, and probably more people on the business side will get involved because they see an opportunity to make better products.”

Ultimately, if a customer tells him or bar staff they think someone has put something in their drink, Valentine said his first instinct would be to just pour it out.

“We don't have those issues in our businesses,” he said. “But if that is a concern, I'd love to make a drink right in front of someone and hand it to them so they don't have that concern at all.”

Right now, state officials are focusing on educating business owners about the law, and it’s likely that during routine administrative checks staff will note if there aren’t tests on hand.

It’s also unclear what the penalties are for businesses who don’t stock the tests, Blankenship said, but it likely won’t exceed a fine.

“We’re hoping not to get to that point,” he said. “We really think everyone’s going to get on board with this.