17-78-1002. Regulation of drive-through facilities.
(1) As used in this section: "Business" means a private enterprise carried on for the purpose of gain or economic profit. "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. "Business lobby" does not include the area of a business where drive-through service is conducted. "Land use application" means the same as that term is defined in Section. 17-27a-103 "Motor vehicle" means a self-propelled vehicle, including a motorcycle, intended primarily for use and operation on the highways. "Motor vehicle" does not include an off-highway vehicle. "Motorcycle" means a motor vehicle having a saddle for the use of the operator and designed to travel on not more than two tires. "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: allow a person other than a person in a motorized vehicle to use the drive-through service; or 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.