(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 an such pain clinic referred to above shall be a violation punishable by a $5,000 fine for each day in operation.
(C) A "PAIN CLINIC" as used in this section is 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 of the city; and
(2) A business that generates more than 50% of its revenue from the meeting with patients and prescribing narcotic pain medication for the patients; and
(3) A business that appears to have a disproportionate amount of patients receiving pain medication as opposed to receiving other medical services.
(D) 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 city may consider the criteria outlined in division (C) above and may also consider any and all other information which the city believes and deems relevant regarding the issue of whether any such business has or in fact attempting the operate and improper pain clinic, including but not limited to the following:
(1) Whether the business at issued has a disproportionately high amount of payment for its services in cash;
(2) Whether the business in question provides prescription narcotic medication for a disproportionately large number of residents not living in the immediate city or 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
(4) Such other information as may be deemed relevant by any court of competent jurisdiction.
(Ord. 2-2012, passed 4-9-12)