§ 110.51  PAIN MANAGEMENT CLINICS.
   (A)   Pain management clinics shall be allowed only in the C, Commercial Zoning District, of the town, and are prohibited as home occupations.  Pain management clinics are subject to the following supplemental regulations:
      (1)   On-site sale, provision or dispensing of those substances identified in Schedule I, II, III and IV, in F.S. § 893.03 and those identified in and by F.S. § 893.035 and F.S. § 89.0356 is prohibited, unless otherwise expressly permitted by state or federal law.
      (2)   Any parking demand created by a pain management clinic shall not exceed the parking spaces located on-site, or allocated on-site, as required by the town’s parking regulations.  An applicant shall be required to demonstrate that on-site traffic and parking attributable to the pain management clinic will be sufficient to accommodate traffic and parking demands generated by the pain management clinic based upon a current traffic and parking study prepared by a certified professional.  Traffic and parking analyses shall be required to be predicted in part upon traffic and parking impacts from existing pain management clinics in Florida.  The source of any such information shall be provided to the town for purposes of verification.  Town staff shall be required to verify the information contained in the traffic and parking study with the appropriate(s) of the local government(s) where the comparable information is derived.
      (3)   No pain management clinic shall limit the form of payment for goods or services to cash only.
      (4)   Each application for a certificate of occupancy for a pain management clinic shall disclose each owner and operator of such clinic, and the individual principal of any entity that owns a clinic.  Such information shall be updated within 30 days of any change in ownership or the principals of any owner.
      (5)   No pain management clinic shall be owned, in whole or in part, or have any contractual relationship with, whether as a principal, officer, member, managing member, employee, independent contractor or otherwise, any physician, pharmacist or any other person who prescribes drugs who, within five years prior to the receipt of any application for a certificate of occupancy or business license, (i) has been suspended, had his or her license revoked or been subject to disciplinary action for prescribing, dispensing, administering, providing, supplying or selling any controlled substance in violation of any state, federal or similar law where such person is licensed to practice; (ii) has been convicted of, pled no lo contendre to, or violated any plea agreement regarding an arrest, for a violation of any state, federal, or similar law where such person is licensed to practice related to drugs or alcohol, specifically including but not limited to, prescribing, dispensing, administering, providing, supplying or selling any controlled substance; (iii) had been suspended, had his or her license revoked or been subject to disciplinary action by any state, federal or other governmental entity where such person is licensed to practice to take any action against such person’s license as result of dependency on drugs or alcohol; or (iv) has been convicted of, pled no lo contendre to, or violated any plea agreement regarding an arrest for, any felony or crime involving moral turpitude.
      (6)   No pain medication clinic shall employ any person who has been convicted of, pled no lo contendre to, or violated any plea agreement regarding an arrest for any felony or crime involving moral turpitude within any five year period before any application for a certificate of occupancy or business license.  Any application for a certificate of occupancy or business license shall include an affidavit, under oath, by the medical director, attesting that neither the medical director nor any other person employed in any capacity by the pain management clinic, whether an employee, independent contractor or otherwise, (i) has been convicted of, pled no lo contendre to, or violated any plea agreement regarding an arrest, for a violation of any state, federal or similar law related to drugs or alcohol, specifically including but not limited to prescribing, dispensing, administering, providing, supplying or selling any controlled substance; or (ii) has been convicted of, pled no lo contendre to, or violated any plea agreement regarding an arrest for, any felony or crime involving moral turpitude.  The failure to provide the required affidavit shall result in the automatic right of the pain management clinic to operate in the town.
      (7)   A pain management clinic shall be operated by a medical director who is a Florida licensed physician.
      (8)   A pain management clinic, in order to obtain a certificate of occupancy, shall provide the town with any applications (i) an inventory of diagnostic equipment to be located at the clinic; (ii) a natural disaster management plan; and (iii) a floor plan showing the location and the nature of adequate security for protection of any drugs to be dispensed in the course of business.
   (B)   Any remedies related to enforcement of the regulations recited herein are in addition and supplemental to those existing by law.
(Ord. 2010-06, passed 8-25-2010)