Regulation of drive-through facilities.

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  • (1) As used in this section:
    • (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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