Tempe Drink Spiking Ordinance Compliance | DrinkCheck
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In February 2026, the Tempe City Council unanimously passed Ordinance O2026.05, adding Section 26-71 to the Tempe City Code and making Tempe the first city in Arizona to require drink spiking test kits in nightlife venues. The obligations apply from Saturday, August 1, 2026. Here’s what your venue needs to do and how to turn compliance into a competitive advantage.
TL;DR: From August 1, 2026, Tempe establishments with a Series 6 or Series 12 liquor license that serve alcohol between midnight and 2 a.m. on more than three days per month must keep at least 10 unexpired, lab-certified drink spiking test kits on the premises at opening, post the required signage in all restrooms, and sell kits at no more than 150% of cost. Venues that additionally hand out free drink covers can qualify for a 25% rebate on their annual city liquor license tax. Background: how the Tempe ordinance came about · August 1 compliance checklist.
What Section 26-71 Requires
Under Ordinance No. O2026.05 (Tempe City Code § 26-71), an establishment holding a Series 6 or Series 12 liquor license that serves alcohol on more than three days per month between 12:00 a.m. and 2:00 a.m. must, starting August 1, 2026:
- Keep test kits on the premises: at least 10 unexpired, lab-certified drug testing kits (test strips, stickers, or similar commercially available devices) at the opening of each business day. If inventory drops below 10, it must be replenished within three business days.
- Post signage in all restrooms: in prominent, conspicuous locations, with lettering at least one inch tall: “Notice from the City of Tempe: Drink spiking is illegal. Drink testing kits are available here. Ask a staff member for details.” (or substantially similar wording approved by the Chief of Police).
- Cap the price: kits may be sold or distributed at no more than 150% of your cost.
- Keep kits unexpired: expired kits don’t count toward the 10-kit minimum. DrinkCheck test strips have a shelf life of up to 7 years (unopened). Storing kits per manufacturer recommendations is a condition of the rebate program below, and good practice regardless.
Bowling alleys, sports arenas, and Series 3 or Series 11 licensees are exempt, and the Chief of Police may grant further exemptions (§ 26-71(g)).
The Ordinance at a Glance
| Key figure | What it means |
|---|---|
| ~60–70 | Tempe venues affected (Series 6/12 licenses serving past midnight on more than 3 days/month) |
| 10 kits | Minimum on-premises inventory at the opening of each business day |
| 150% | Maximum sale price, as a share of your cost |
| 25% | City liquor license tax rebate for certified prevention programs |
| 6+ | Substances a DrinkCheck test strip detects, including GHB, ketamine, scopolamine, cocaine, methamphetamine and amphetamine |
Wholesale Pricing
Volume pricing from 500 tests on request. Request a wholesale quote for your bar, restaurant or hospitality group. For fewer than 500 tests, order individual tests on the DrinkCheck product page.
Contact us for a quote for multiple locations. Co-branding options for larger orders.
The Math on the 25% Rebate
Section 26-71(b)–(c) creates a voluntary certified drink spiking prevention program. Venues that qualify receive a 25% rebate on the annual liquor license tax paid to the city. To qualify, a venue must do all of the following:
- Offer free of charge, with every beverage served, a lidded container or a removable drink cover
- Keep lab-certified test kits available for sale at no more than 150% of cost
- Store kits per manufacturer recommendations
- Post the required restroom signage
- Meet any additional requirements the Chief of Police reasonably sets for the program (§ 26-71(b)(5))
Your Maximum Kit Price
The price cap works as a formula: maximum price per kit = 1.5 × your own cost per kit, rounded down to the cent. Use the cost on your supplier invoice and keep the invoice to document it. You may also provide kits free of charge.
Whether the rebate offsets your costs depends on your liquor license tax, how many kits you sell or hand out, and what you spend on the free drink covers the program requires. Calculate with your own quote and tax figures.
Why DrinkCheck
Venues in California have operated under a similar requirement (AB-1013, in effect since July 1, 2024), and DrinkCheck supplies test strips that fit both regimes.
Clinically validated
Independently tested by Clinical Trials Laboratory Services and the University of Strathclyde. Accredited by UK Police (Secured by Design). See how it works.
Results in 15 seconds
Simple color-change indicator. No training required. Customers can test discreetly themselves.
Detects 6+ substances
Including GHB, ketamine, scopolamine, cocaine, methamphetamine and amphetamine.
Shelf life of up to 7 years (unopened)
Long expiration means less waste and easier inventory management for busy venues.
German-engineered quality
Designed in Germany, manufactured in the UK under strict quality controls.
Compliance support
We provide documentation, signage templates, and staff guidance materials.
Common Questions
When does the ordinance take effect?
The Tempe City Council unanimously passed the ordinance in February 2026 (Ordinance O2026.05, adding City Code § 26-71). It has been in force since August 1, 2026, so covered venues must already meet the kit, price and signage requirements.
Can I charge customers for test kits?
Yes, up to 150% of your cost, and you may also provide kits free of charge. To find your maximum price, multiply your own cost per kit by 1.5 and round down to the cent.
How do I get the 25% license tax rebate?
Enroll in the city’s certified drink spiking prevention program: offer free drink covers or lidded containers with every beverage served, keep test kits available at no more than 150% of cost, store them per manufacturer recommendations, and post the restroom signage. Contact us about drink cover partnerships for a complete compliance package.
What happens if my venue doesn’t comply?
The Tempe Police Department may issue an investigative report and warning letter, which can be copied to the Arizona Department of Liquor, and a non-compliant venue loses rebate eligibility for that calendar year (§ 26-71(e)). The ordinance is enforceable only by the City of Tempe and creates no private right of action for noncompliance (§ 26-71(f)), but it contains no liability shield regarding defective tests or false positives. This page is not legal advice; consult your attorney.
Do you offer pricing for multiple locations?
Yes. Contact us for a quote for multiple locations, whether you run a hospitality group, a distribution business or several venues.
Get a Quote
Let’s discuss your compliance needs, whether you’re a single venue or managing multiple locations across Arizona.
Or email us directly: sales@parahealth.de
Update (October 5, 2026): The substance count is now shown as 6+.
Update (September 29, 2026): Replaced the wholesale price table and the cost example with pricing on request from 500 tests and the price-cap formula. Corrected the number of detected substances and the shelf life to up to 7 years (unopened), and updated the timing now that the ordinance is in force.
Update (July 10, 2026): An earlier version of this page, written before the Council decision, stated that the vote was still pending (“Council vote is February 5, 2026”) and that the draft ordinance included liability shields for venues. The ordinance passed unanimously in February 2026; the adopted text limits enforcement to the City of Tempe and creates no private right of action (§ 26-71(f)), but contains no liability shield for defective tests or false positives. All requirements above reflect the adopted ordinance.
Last updated: October 5, 2026. This page is for informational purposes only and does not constitute legal advice. Consult your legal advisor regarding compliance with local ordinances.