(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CLINIC. Pain management clinics and opiate addiction treatment clinics.
OPIATE ADDICTION TREATMENT CLINIC. Any privately-owned clinic, facility or office which advertises in any medium concerning the availability of the use of methadone, diskets, dolophine, methodose, buprenorphine or other substances as a maintenance treatment for opioid addiction or which employs a physician or osteopathic physician or who is primarily engaged in the treatment of opioid addiction by prescribing or dispensing substances controlled by federal and/or state law.
PAIN MANAGEMENT CLINIC. Any privately-owned clinic, facility or office which advertises in any medium concerning the availability of any type of pain management services or which employs a physician or osteopathic physician or who is primarily engaged in the treatment of pain by prescribing or dispensing substances controlled by federal and/or state law, but the term shall not include:
(a) A clinic that is owned by a publicly held corporation whose shares are traded on a national exchange or on the over-the-counter market and whose total assets at the end of the corporation’s most recent fiscal quarter exceeded $50 million;
(b) A clinic where the majority of the physicians who provide services in the clinic primarily provide surgical services;
(c) A clinic that is affiliated with an accredited medical school at which training is provided for medical students, residents or fellows;
(d) A clinic that does not prescribe or dispense substances controlled by federal and/or state law for the treatment of pain; or
(e) A clinic that is owned by a corporate entity exempt from federal taxation under 26 U.S.C. § 501(c)(3).
(B) Location and additional restrictions. Clinics shall be located in areas of the city with a zoning map designation of IR and shall also be subject to the following additional regulations.
(1) Parking. Parking areas must be sufficient to simultaneously provide a parking spot to accommodate a vehicle for every employee of the clinic during any two abutting or overlapping shifts, plus one parking spot for the number of patients the building has the capacity to treat in any one day.
(2) Security cameras. A working video recording system shall be in place to survey the exterior of the clinic, which has sufficient capacity to accurately detect the make, model and license numbers of all vehicles entering and leaving the parking lot of the clinic. Recordings shall be preserved for a minimum of 30 days from the date first recorded.
(3) Security personnel. Each clinic shall have one on-duty person whose primary job is to oversee security and parking during all hours of operation to prevent loitering and to curb any potential illegal dealing in drugs.
(4) Loitering. Persons on premises of a clinic shall not loiter outdoors for more than five minutes before or after they arrive at the clinic, but shall be required to wait indoors.
(5) Distance from schools. Clinics shall not be located within 1,000 feet of any kindergarten, elementary school, junior high school or high school.
(Ord. 2016-OR-08, passed 2-15-2016)