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

(1) As used in this section:
(1)(a) "Business" means a private enterprise carried on for the purpose of gain or economic profit.
(1)(b) (1)(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.
(1)(b)(ii) "Business lobby" does not include the area of a business where drive-through service is conducted.
(1)(c) "Land use application" means the same as that term is defined in Section 10-20-102.
(1)(d) (1)(d)(i) "Motor vehicle" means a self-propelled vehicle, including a motorcycle, intended primarily for use and operation on the highways.
(1)(d)(ii) "Motor vehicle" does not include an off-highway vehicle.
(1)(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.
(1)(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:
(2)(a) allow a person other than a person in a motorized vehicle to use the drive-through service; or
(2)(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.

Legislative History

Amended by Chapter 16, 2025 Special Session 1