(A) Any pain clinic doing business in the city shall be unlawful and shall be considered a public nuisance, subject to closure and injunctive limitations by any court of competent jurisdiction.
(B) The operation of any such pain clinic referred to above shall be a Class A misdemeanor punishable by up to one year in jail, and/or a fine of five hundred dollars ($500.00) for each day in operation.
(C) A “PAIN CLINIC” as used in this section shall be defined as follows: A business engaging in the distribution of narcotic pain medication which:
(1) Is not affiliated with a local hospital doing business within a 100-mile radius;
(2) A business that generates more than 50% of its revenue from the meeting with patients receiving pain medication as opposed to receiving other medical services.
(D) The City Attorney shall be authorized to initiate actions in the Carter Circuit Court seeking injunctive relief on behalf of the public for any pain clinics which engage or attempt to engage in the operation of pain clinics and the improper distribution of narcotic pain medication as set forth above.
(E) In making the determination as to whether or not any such business is believed to be unlawfully operating a pain clinic as defined herein, the County Attorney's Office may consider the criteria outlined in subsection (C) above and may also consider any and all other information which the County Attorney's Office believes and deems relevant regarding the issue of whether any such business has or is in fact attempting to operate an improper pain clinic, including but not limited to the following:
(1) Whether the business at issue has a disproportionately high amount of payment for its services in cash;
(2) Whether the business in question provides prescription narcotic pain medication for a disproportionately large number of residents not living in the immediate Carter County area;
(3) The affiliation or lack of affiliation at issue with organizations or individuals providing other recognized methods of legitimate medical treatment for sick or injured individuals, and such other information as may be deemed relevant by any court of competent jurisdiction.
(Ord. 18-2010, passed 12-28-10)