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

267 words·~1 min read·/ut/title-10/chapter-8/10-8-44-6

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 11/6/2025

(1)As used in this section:

(a)"Business" means a private enterprise carried on for the purpose of gain or economic profit.

(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 10-20-102 .

(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 the business's 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 16 , 2025 Special Session 1