(1) As used in this section:

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Terms Used In Utah Code 10-8-44.6

  • Land: includes :
         (18)(a) land;
         (18)(b) a tenement;
         (18)(c) a hereditament;
         (18)(d) a water right;
         (18)(e) a possessory right; and
         (18)(f) a claim. See Utah Code 68-3-12.5
  • Municipality: means :
         (5)(a) a city of the first class, city of the second class, city of the third class, city of the fourth class, city of the fifth class;
         (5)(b) a town, as classified in Section 10-2-301; or
         (5)(c) a preliminary municipality incorporated under Chapter 2a, Part 5, Incorporation of a Preliminary Municipality. See Utah Code 10-1-104
  • Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 10-1-104
     (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 10-9a-103.
     (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 its business 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.
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