Tempe City Code §26-71 has applied since August 1, 2026. It covers Series 6 and Series 12 venues that serve alcohol between midnight and 2 a.m. on more than three days per month, subject to the ordinance’s exemptions. This checklist follows Ordinance No. O2026.05, checked on October 4, 2026, and the City’s current program guidance, checked on September 8, 2026. For sign lettering it follows the ordinance (at least one inch).
TL;DR: Qualifying Tempe venues must keep at least 10 unexpired, lab-certified drink test kits available at opening, post signage in every restroom in at least one inch lettering (Ordinance No. O2026.05, § 26-71(b)(4)), and offer kits free or at no more than 150% of cost. The optional certified program adds free drink covers and other requirements for rebate eligibility. Non-compliance may result in a police investigative report and warning letter.
Current requirements
- Ordinance: Tempe City Code §26-71 (Ordinance No. O2026.05), passed unanimously by the City Council in February 2026
- Obligations in effect since: August 1, 2026
- Who: Series 6 / Series 12 licensees serving alcohol between 12:00 a.m. and 2:00 a.m. on more than 3 days per month — roughly 60–70 Tempe venues
- Full background: how the ordinance came about · Tempe compliance guide (wholesale pricing on request)
Step 0: Confirm Whether §26-71 Applies to You
The ordinance covers establishments that meet both conditions: you hold a Series 6 (bar) or Series 12 (restaurant) liquor license, and you serve alcohol between 12:00 a.m. and 2:00 a.m. on more than three days per month. That sweeps in most of the Mill Avenue and downtown nightlife district — the city estimates roughly 60 to 70 venues.
Explicitly exempt under §26-71(g): bowling alleys, sports arenas, and Series 3 or Series 11 licensees. The Chief of Police can also grant a formal exemption case by case, applying the criteria in §26-70(d)(2) — floor plan, hours, service style, demographics, and complaint history. Confirm any exemption with the City before relying on it.
A restaurant that closes at 11 p.m. is outside the scope. A restaurant with a Series 12 license that runs a late-night bar program four nights a month is inside it.
The Compliance Checklist
Use these steps to review your current arrangements and assign ongoing responsibilities.
1. Confirm the evidence and expiry of your test kits
§26-71(a) requires you to offer, during regular business hours, unexpired, lab-certified drug testing measures or kits — “strips, stickers, or other devices that are commercially available testing products designed to detect substances used in drink spiking.” You need an inventory of at least 10 units at the opening of each business day.
Ask your supplier for the laboratory documentation, instructions and expiry information for the exact product version. DrinkCheck test strips are suitable for Tempe’s kit requirement under §26-71 and are validated by 3 independent labs. Your venue remains responsible for the rest of §26-71: at least 10 unexpired kits at opening, replenishment, the price cap and the restroom signs. Our DrinkCheck evidence and use page explains how the strips are used and what a result can and cannot show.
2. Set your kit price — no more than 150% of cost
You may provide kits free or sell them at no more than 150% of your cost. To find your ceiling, multiply your own cost per kit by 1.5 and round down to the cent. Keep your supplier invoices to document the cost. The certified program requires free drink covers; it does not require all test kits to be free.
3. Post restroom signs in at least one inch lettering
Ordinance No. O2026.05 (§ 26-71(b)(4)) requires a sign in prominent and conspicuous locations in every restroom, in at least one inch lettering, using the required message or a substantially similar message approved by the Chief of Police:
Notice from the City of Tempe: Drink spiking is illegal. Drink testing kits are available here. Ask a staff member for details.
Signs may be obtained from the City of Tempe or produced yourself. “All restroom facilities” means all of them — including single-occupancy and staff-accessible restrooms used by patrons.
4. Build the replenishment routine into your opening checklist
Ten kits at opening is a floor, not a one-time purchase. If inventory drops below 10 on any business day, §26-71(a)(1) gives you three business days to replenish. The practical fix: add a kit count to your daily opening checklist next to the ice and till counts, and set a reorder trigger at 20–25 units so a busy weekend never puts you under the minimum.
5. Store kits per manufacturer recommendations
Follow the original storage instructions for the exact kits you buy. Do not infer temperature limits or shelf life from general articles. Assign a storage location that meets those instructions and record each batch’s expiry date.
6. Keep staff informed and prepared to help
Staff should know where kits are stored, their price and where to find the original instructions. Include new staff and cover how to respond when someone reports suspected spiking: get help, stay with the person and call 911 in an emergency. A drink test must not delay care or be treated as proof that a drink is safe.
Step 7 (Optional but Worth It): The 25% Rebate
Section 26-71(b)–(c) provides a 25% rebate of the city liquor license tax for the compliance period to venues operating a certified drink spiking prevention program. The current City program also requires a quarterly attestation. Review the requirements and confirm the process with the City:
| Requirement | What it means in practice |
|---|---|
| Free drink covers | Offer, free of charge with every beverage served, a lidded container or a removable cover that attaches to the rim |
| Test kits at ≤150% of cost | The same kit obligation as baseline compliance |
| Proper storage | Kits maintained per manufacturer recommendations |
| Restroom signage | The same signs in at least one inch lettering as baseline compliance (Ordinance No. O2026.05, § 26-71(b)(4)) |
| Quarterly attestation | Confirm in writing that the program requirements are being met |
Certification runs through the Chief of Police or designee, who notifies the Financial Services Department. Ask the City’s Tax and License division about the rebate calculation and payment process for your compliance period. Budget for actual kit and cover costs without assuming the rebate will cover a year’s supplies.
What Happens If a Venue Is Not Compliant
Enforcement under §26-71(e) is deliberately graduated. For non-compliance, the Tempe Police Department may issue an investigative report and a warning letter — and that letter may be copied to the Arizona Department of Liquor, your state licensing authority. A non-compliant establishment is also denied the rebate for the entire calendar year in which the non-compliance occurred.
Two things the ordinance does not do: it creates no private right of action — §26-71(f) makes it enforceable only by the City of Tempe — and it contains no liability shield for venues regarding test performance. Standard dram-shop and premises-liability exposure is unaffected, which is its own reason to take prevention seriously beyond the letter of the ordinance.
Tempe won’t be the last word here. Chandler adopted its own drink-tampering ordinance effective May 24, 2026 (criminal penalty only — no kit mandate), and California’s AB-1013 has required Type 48 bars to offer kits since July 2024. For the national picture, see our state-by-state overview of drink-testing laws.
Your Ongoing Routine
- At opening: Count unexpired kits, check access and confirm that restroom signs remain visible.
- When stock falls below ten: Assign responsibility for replenishment within three business days.
- When a new batch or staff member arrives: Check the original product instructions and update the staff briefing.
- Each quarter, if certified: Submit the City’s attestation and review the additional program requirements.
Before choosing DrinkCheck, read our evidence and use page. Use the original instructions for your exact product version and contact us if they are missing or unclear.
This article is for informational purposes only and does not constitute legal advice. Consult the City’s current program guidance and ordinance for your venue’s circumstances. If you suspect you or someone else has been drugged, seek medical help. In an emergency, call 911.
Updated October 4, 2026: restroom sign lettering now follows Ordinance No. O2026.05, § 26-71(b)(4) (at least one inch); the City’s program page states a quarter inch.
Updated September 29, 2026: aligned the product section with DrinkCheck’s suitability for Tempe’s kit requirement, replaced the price example with the price-cap formula and added the ordinance text as a source.
Updated September 8, 2026: replaced the pre-August timeline with ongoing checks, corrected the lettering size to match current City guidance, clarified the rebate program and removed unsupported product-performance claims.
