Fresno Municipal Code Art. 35 Naloxone

This Article shall be known as the "Naloxone Ordinance."

(Added Ord. 2024-012, § 1, eff. 8-21-24).

It is the purpose of this Article to promote public health, safety, and welfare by enhancing access to naloxone hydrochloride nasal spray at Alcoholic Beverage Control Conditional Use Permit establishments.

(Added Ord. 2024-012, § 1, eff. 8-21-24).

For the purpose of this Article, the following definitions apply unless the context indicates or requires a different meaning.

(a) Included Business. A business licensed by the California Department of Alcoholic and Beverage Control that sells and serves alcoholic beverages as defined in Business and Professions Code Sections 23004 through 23037 for onsite consumption including, but not limited to: restaurants with alcohol sales, bars, nightclubs, breweries, and lounges for standards; convention center, exhibit hall, auditorium, or businesses identified in Business and Professions Code Sections 23038, 23038.1, 23038.2, and 23038.3. Businesses that only incidentally serve alcohol for sampling purposes or wine stores that host occasional wine tastings are excluded from this ordinance.

(b) Manager. Any designated person in an Included Business responsible for the licensed premises during the hours in which the business is permitted, under its license, to sell or serve liquor.

(c) Over the Counter (OTC) Naloxone. OTC Naloxone is a life-saving medication used to reverse an opioid overdose, including heroin, fentanyl, and prescription opioid medications.

(Added Ord. 2024-012, § 1, eff. 8-21-24).

Included Businesses must at all times maintain at least one dose of OTC Naloxone in each first aid kit on their premises, which dose may be administered to an individual to reverse the effects of an opioid overdose.

(Added Ord. 2024-012, § 1, eff. 8-21-24).

All Managers of an Included Business must be trained in the proper administration of OTC Naloxone.

(Added Ord. 2024-012, § 1, eff. 8-21-24).

Included Businesses must:

(a) Ensure that any OTC Naloxone required to be maintained on the premises is stored in accordance with the guidelines set forth by the manufacturer;

(b) Replace any doses of OTC Naloxone that are past their expiration date, as determined by the manufacturer.

(Added Ord. 2024-012, § 1, eff. 8-21-24).

Anyone who provides or administers OTC Naloxone pursuant to this article is subject to protection from liability of California's Health and Safety Code sections 1714.22 and 1799.102 and all other applicable laws.

(Added Ord. 2024-012, § 1, eff. 8-21-24).

Any Included Business violating this Article is subject to a fine of not more than two hundred dollars ($200.00). Nothing in this Article may be interpreted to preclude the California Alcoholic Beverage Control from enforcing its own rules.

(Added Ord. 2024-012, § 1, eff. 8-21-24).