17-50-329.5. Regulation of drive-through facilities.
| (1) |
As used in this section:
Terms Used In Utah Code 17-50-329.5
| (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 17-27a-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 county 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. |
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Amended by Chapter 166, 2018 General Session
