On Feb. 5, the Tempe City Council unanimously approved an ordinance aiming to prevent drink spiking in the city.
With the ordinance in place, establishments holding a series 6 or series 12 liquor license that serve alcohol will be required to sell testing kits at a capped price. They will also be required to display signage indicating that drink spiking is illegal and testing kits are for sale.
For establishments that provide both testing kits and either stickers, reusable covers or covered cups, they will be eligible for a 25% discount on their annual liquor license renewal with the city of Tempe, according to the Feb. 5 meeting.
Councilmember Randy Keating, the chair of the Drink Spiking Education and Prevention Council Subcommittee, formally introduced the ordinance on Jan. 22. The new rules will take effect on Aug. 1.
Following the passage of the ordinance, Keating said the city hopes to eliminate the stigma associated with being a victim of drink spiking.
"I wanted to make sure that, if this is happening in the city of Tempe, that victims have access to immediate and rapid testing and that we're not creating a stigma that dampens the willingness to report these crimes," Keating said.
Keating emphasized hopes that the ordinance will make it easier to report instances of drink spiking by identifying them while the chemicals are still detectable. He referenced a 2024 study from Anglia Ruskin University and the organization Drinkaware, which found that 90% of incidents go unreported.
During the meeting, Keating pointed to the requirement that businesses have at least 10 drink spiking testing kits at all times, which will be initially provided by third-party organizations.
"This is the only operating requirement of the committee's proposed policy," Keating said. "Businesses can be fully compliant for at least the first year, if not more, at no cost through partner-funded kits and covers."
Keating also said the testing kits can be sold to customers at a 50% markup, potentially ranging in price from $1.50 to $5. The markup will allow businesses to expand their inventory over time.
The ordinance was ultimately motivated by a desire to improve safety precautions for Tempe nightlife, Keating said.
"I want to make sure that we are increasing the public safety in the city of Tempe, that we're protecting vulnerable people from this very predatory behavior, that we're encouraging people that are looking for a nightlife destination to take a look at Tempe because we have made it clear that we have a stake in their safety and we are taking it seriously," Keating said.
The city also hopes to see the policy implemented elsewhere in the state, Keating said. He has sent the ordinance to Chandler, Phoenix and Tucson.
"The Tempe model is an easy lift for other cities to adopt, and I hope they do," Keating said.
Shirah Benarde is the CEO and co-founder of NightCap, a company selling drink spiking prevention products. She said the Tempe model is based on a similar statewide ordinance that was passed in California in 2024.
Benarde said she attended a Drink Spiking Education and Prevention Council Subcommittee meeting to advocate for the city to also utilize drink covers in Tempe establishments serving alcohol.
"To us, a simple test — it's good to have, but it's not preventing anything from happening," Benarde said. "The drink covers are important because you are preventing something from happening."
NightCap will donate 30,000 drink covers to Tempe establishments serving alcohol, Benarde said. She said the covers will include a QR code that offers information about how to stay safe when going out.
"We all want to go out and have a good time," Benarde said. "Especially in a city like Tempe with ASU, it's so important for us to just be aware of what's going on."
READ MORE: Tempe City Council and nonprofits combat drink spiking
Student governments at the University also supported the Tempe ordinance.
The Undergraduate Student Government of Tempe and the Graduate Student Government passed resolutions in favor of the ordinance.
Rishik Chaudhary, USG-T president and a senior studying supply chain management and business, said the student government works to improve student safety.
"College is not only for academics but to be able to experience going out, having fun with friends," Chaudhary said. "Making sure that we do that the safest way possible is kind of how we want to move forward."
Lea Patrick, a former University student, spoke at the meeting when the ordinance was adopted and said her drink had been spiked while at a bar on South Mill Avenue. She realized it had been spiked days later.
"The second I see the bruises that were hand marks on my legs, I knew," Patrick said.
She tried to report the instance at the time, Patrick said, but her options were limited.
"In all reality, there wasn't much I could do," Patrick said. "Preventing this stuff and doing this is one of the most impactful things you could do to prevent someone else from going through what I went through."
Edited by Carsten Oyer, Jack McCarthy, Katrina Michalak and Ellis Preston.
Reach the reporter at ksmitten@asu.edu.
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