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7 LONG TITLE
8 General Description:
9 This bill prohibits a municipality or county from making certain requirements of a
10 business with drive-through service.
11 Highlighted Provisions:
12 This bill:
13 ▸ defines terms; and
14 ▸ prohibits a municipality or county from requiring a business with a drive-through
15 service:
16 • to accommodate in the drive-through service a person who is not in a motorized
17 vehicle; and
18 • to maintain the same business hours in the business lobby as the drive-through
19 service.
20 Money Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 None
24 Utah Code Sections Affected:
25 ENACTS:
26 10-8-44.6, Utah Code Annotated 1953
27 17-50-329.5, Utah Code Annotated 1953
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29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 10-8-44.6 is enacted to read:
31 10-8-44.6. Regulation of drive-through facilities.
32 (1) As used in this section:
33 (a) "Business" means a private enterprise carried on for the purpose of gain or
34 economic profit.
35 (b) (i) "Business lobby" means a public area, including a lobby, dining area, or other
36 area accessible to the public where business is conducted within a place of business.
37 (ii) "Business lobby" does not include the area of a business where drive-through
38 service is conducted.
39 (c) "Land use application" means the same as that term is defined in Section 10-9a-103.
40 (d) "Motorcycle" means a motor vehicle having a saddle for the use of the operator and
41 designed to travel on not more than two tires.
42 (e) (i) "Motor vehicle" means a self-propelled vehicle, including a motorcycle,
43 intended primarily for use and operation on the highways.
44 (ii) "Motor vehicle" does not include an off-highway vehicle.
45 (f) "Off-highway vehicle" means any snowmobile, all-terrain type I vehicle, or
46 all-terrain type II vehicle.
47 (2) A municipality may not withhold a business license, deny a land use application, or
48 otherwise require a business that has a drive-through service as a component of its business
49 operations to:
50 (a) allow a person other than a person in a motorized vehicle to use the drive-through
51 service; or
52 (b) offer designated hours of the day that a customer is accommodated and business is
53 conducted in the business lobby that are the same as or exceed the hours of the day that a
54 customer is accommodated and business is conducted in the drive-through service.
55 Section 2. Section 17-50-329.5 is enacted to read:
56 17-50-329.5. Regulation of drive-through facilities.
57 (1) As used in this section:
58 (a) "Business" means a private enterprise carried on for the purpose of gain or
59 economic profit.
60 (b) (i) "Business lobby" means a public area, including a lobby, dining area, or other
61 area accessible to the public where business is conducted within a place of business.
62 (ii) "Business lobby" does not include the area of a business where drive-through
63 service is conducted.
64 (c) "Land use application" means the same as that term is defined in Section
65 17-27a-103.
66 (d) "Motorcycle" means a motor vehicle having a saddle for the use of the operator and
67 designed to travel on not more than two tires.
68 (e) (i) "Motor vehicle" means a self-propelled vehicle, including a motorcycle,
69 intended primarily for use and operation on the highways.
70 (ii) "Motor vehicle" does not include an off-highway vehicle.
71 (f) "Off-highway vehicle" means any snowmobile, all-terrain type I vehicle, or
72 all-terrain type II vehicle.
73 (2) A county may not withhold a business license, deny a land use application, or
74 otherwise require a business that has a drive-through service as a component of its business
75 operations to:
76 (a) allow a person other than a person in a motorized vehicle to use the drive-through
77 service; or
78 (b) offer designated hours of the day that a customer is accommodated and business is
79 conducted in the business lobby that are the same as or exceed the hours of the day that a
80 customer is accommodated and business is conducted in the drive-through service.
Legislative Review Note
as of 12-10-14 7:48 PM
Office of Legislative Research and General Counsel