Summary Sheet- RFCA SUMMARY

CITY OF TEMPE
Meeting Date: 2/5/2026  
REQUEST FOR COUNCIL ACTION
Agenda Item: 8C3
ACTION:  PUBLIC HEARING ITEM Hold the second and final public hearing to adopt an ordinance 
addressing public health, safety, and welfare by amending the Tempe City Code, Chapter 16, Sections 
26-70 and 26-71, by adding new requirements related to drink spiking prevention. The first public hearing 
was held on January 22, 2026. (Ordinance No. O2026.05)
FISCAL IMPACT:  The fiscal impact of the ordinance will be determined by the level of participation 
in the ordinance’s accompanying drink spiking prevention program, which offers a 25% reduction in 
annual liquor license fees for those who qualify. Currently, the ordinance's scope affects approximately 
70 establishments. The fiscal impact could range from $5,250 per year, assuming 25% participation, to 
$21,000 per year, assuming 100% participation, and will be offset by a reduction in Liquor License Fee 
Revenue.
RECOMMENDATION:  Adopt Ordinance No. O2026.05.
Update from City Council 1st hearing on January 22, 2026:
1. Added new clause in ordinance recitals to reflect Council desire for increased education and 
awareness.
2. Changed effective date to a delayed implementation of August 1, 2026.
3. Removed reference to ARS 13-3401 (laundry list of substances considered “dangerous drugs”) in 
drink spiking definition.
4. Revised applicability of mandatory drink spiking program to be limited to Series 6 and 12 licensees 
that serve alcohol after midnight on more than 3 days per month.
5. Revised requirement for approved testing measures to be lab-certified and commercially available.
6. Removed requirement that establishments allow patrons to bring in their own beverage container.
7. Revised sign posting requirement to require minimum of one inch lettering and also set forth that City 
will make approved signs available.
8. Revised “release of liability language” to reflect industry requested language that ordinance does not 
create any private right of action.
 
BACKGROUND INFORMATION:  Over the past year, the City engaged in learning more about 
community concerns related to drink spiking and its impacts on public safety, particularly within Tempe’s 
nightlife environment. Through ongoing conversations with students, businesses, advocacy 
organizations, and public safety partners, it became clear that a Council Subcommittee was needed to 
examine this issue. Councilmember Randy Keating proposed the subcommittee at the April 23, 2025 
Work Study Session. Council approved the formation of the Council Subcommittee, and Vice Mayor 
Doreen Garlid and Councilmember Berdetta Hodge joined the subcommittee as Co-Chairs.
The purpose of the Council Subcommittee is to explore the issue of drink spiking in bars, restaurants, 
and nightlife environments, aiming to foster safer drinking environments, strengthen harm reduction 
strategies, and promote public health initiatives focused on responsible consumption. Councilmember 
Keating invited a broad range of stakeholders to participate, including the Tempe Chamber of 
Commerce, Downtown Tempe Authority, Arizona State University (ASU), ASU student organizations, 
Tempe Police Department, and other community partners. The Council Subcommittee met five times

2
over a six-month period to review information, hear from advocacy organizations and stakeholders to 
help shape the ordinance. 
July 24 meeting    – 
Reviewed the issue and examined successful programs, including California’s 
test kit mandate for bars, stakeholder and staff discussion.
Aug. 29 meeting   – 
Received feedback and support from the Tempe Police Department and 
developed an initial ordinance framework, stakeholder and staff discussion.
Sept. 26 meeting  – 
City Attorney Eric Anderson presented an ordinance draft, followed by member 
discussion and suggested edits, stakeholder and staff discussion.
Oct. 31 meeting    – 
Reviewed drink covers and ASU Undergraduate Student Government (USG) 
survey findings indicating roughly 11% of students experienced drink spiking, 
stakeholder and staff discussion.
Nov. 14 meeting   – 
Reviewed fiscal impacts and heard testimony from ASU student leaders, 
including a survivor of drink spiking, stakeholder and staff discussion.
Additionally, two public events were held: a drink spiking prevention community awareness meeting 
showcasing drink spiking test kits and drink covers on December 3, and a public meeting at the Tempe 
Public Library on December 10. A community survey was also conducted from December 1–17. This 
issue received substantial and sustained media coverage throughout this process, helping to increase 
public awareness and inform community dialogue.
ATTACHMENTS:    
1.
ORDINANCE O2026.05_DRINK SPIKING ORDINANCE_FINAL.2.5.26.CLEAN.DOCX
2.
ORDINANCE O2026.05_DRINK SPIKING ORDINANCE_FINAL.2.5.26.REDLINE.PDF
3.
PUBLIC INPUT SUMMARY DECEMBER 2025.PDF
STAFF CONTACT(S):  Keaton Hill, Council Assistant, (480) 350-8463; Tanya Chavez, Mayor and 
Council Relations Director, (480) 858-2215
Department Director:  Tanya Chavez, Mayor and Council Relations Director  
Legal review by:  Eric Anderson, City Attorney
Prepared by:  Keaton Hill, Council Assistant