10-8-44.6.  Regulation of drive-through facilities.

(1)  As used in this section:

Terms Used In Utah Code 10-8-44.6

(a) a city of the first class, city of the second class, city of the third class, city of the fourth class, city of the fifth class;
(b) a town, as classified in Section 10-2-301; or
(c) a metro township as that term is defined in Section 10-2a-403 unless the term is used in the context of authorizing, governing, or otherwise regulating the provision of municipal services. See Utah Code 10-1-104
  • Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 10-1-104
  • (a)  “Business” means a private enterprise carried on for the purpose of gain or economic profit.

    (b) 

    (i)  “Business lobby” means a public area, including a lobby, dining area, or other area accessible to the public where business is conducted within a place of business.

    (ii)  “Business lobby” does not include the area of a business where drive-through service is conducted.

    (c)  “Land use application” means the same as that term is defined in Section 10-9a-103.

    (d) 

    (i)  “Motor vehicle” means a self-propelled vehicle, including a motorcycle, intended primarily for use and operation on the highways.

    (ii)  “Motor vehicle” does not include an off-highway vehicle.

    (e)  “Motorcycle” means a motor vehicle having a saddle for the use of the operator and designed to travel on not more than two tires.

    (f)  “Off-highway vehicle” means any snowmobile, all-terrain type I vehicle, all-terrain type II vehicle, or all-terrain type III vehicle.

    (2)  A municipality may not withhold a business license, deny a land use application, or otherwise require a business that has a drive-through service as a component of its business operations to:

    (a)  allow a person other than a person in a motorized vehicle to use the drive-through service; or

    (b)  offer designated hours of the day that a customer is accommodated and business is conducted in the business lobby that are the same as or exceed the hours of the day that a customer is accommodated and business is conducted in the drive-through service.

    Amended by Chapter 166, 2018 General Session