Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 160 (2015GS)

Sponsor

Rep. Anderson, Johnny

Final action

Governor Signed 3/25/2015

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms; and
• prohibits a municipality or county from requiring a business with a drive-through service:
• to accommodate in the drive-through service a person who is not in a motorized vehicle; and
• to maintain the same business hours in the business lobby as the drive-through service.

Every vote on this bill

Bill text

DRIVE-THROUGH SERVICE USAGE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Johnny Anderson
Senate Sponsor: 
Wayne A. Harper
LONG TITLE
General Description:
This bill prohibits a municipality or county from making certain requirements of a
business with drive-through service.
Highlighted Provisions:
This bill:
▸ defines terms; and
▸ prohibits a municipality or county from requiring a business with a drive-through
service:
• to accommodate in the drive-through service a person who is not in a motorized
vehicle; and
• to maintain the same business hours in the business lobby as the drive-through
service.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
10-8-44.6
, Utah Code Annotated 1953
17-50-329.5
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
10-8-44.6
 is enacted to read:
 10-8-44.6.
Regulation of drive-through facilities.
(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 
10-9a-103
.
(d) "Motorcycle" means a motor vehicle having a saddle for the use of the operator and
designed to travel on not more than two tires.
(e) (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.
(f) "Off-highway vehicle" means any snowmobile, all-terrain type I vehicle, or
all-terrain type II 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:
(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.
Section 2. Section 
17-50-329.5
 is enacted to read:
 17-50-329.5.
Regulation of drive-through facilities.
(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) "Motorcycle" means a motor vehicle having a saddle for the use of the operator and
designed to travel on not more than two tires.
(e) (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.
(f) "Off-highway vehicle" means any snowmobile, all-terrain type I vehicle, or
all-terrain type II 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.