eLaws | eCases | Florida State | Florida Administrative Code | Florida Courts | Counties & Cities of Florida | Code of Federal Regulations | United States Code |
 Port Orange
 Code of Ordinances
 Chapter 18. BUSINESSES
 Article XII. Pain Management Clinics

  § 18-291. Application process.  

Latest version.

  • No person shall operate a pain management clinic without first obtaining a business tax receipt. For purposes of obtaining a business tax receipt, a pain management clinic shall be classified as "physician" pursuant to section 18-38 of the Code of Ordinances. All physicians or other persons operating pain management clinics shall submit an application for and shall update the application for a business tax receipt to the community development director or his or her designee which shall at a minimum require the applicant to provide all of the following information:

    (1)

    The registration number from the State Department of Health as required by F.S. § 458.3265 or § 459.0137 as may be amended from time to time as applicable for pain management clinic registration in accordance with state law;

    (2)

    If a pain management clinic is operating prior to the adoption of Ordinance No. 2010-37 effective date of January 18, 2010, then the applicant shall provide copies of business tax receipts issued prior to January 18, 2010; and all licenses and registrations issued by the state for the operation prior to January 18, 2010.

    (3)

    Designation of the physician who shall be responsible for complying with all requirements related to registration and operation of the Pain Management Clinic and the physician's DEA number and who shall have a full, active, and unencumbered license under F.S. ch. 458 or ch. 459, and shall practice at the pain management clinic location for which the physician has assumed responsibility and who shall within ten days after termination or absence of as the designated physician of the pain management clinic shall notify the city of the identity of another designated physician for the pain management clinic or the closing of the pain management clinic's business;

    (4)

    A list of all persons associated with the ownership, management or operation of the Pain Management Clinic, whether paid or unpaid, part-time or full-time, including all contract labor and independent contractors. This list shall include, but not be limited to, all owners, partners, member, trustees, operators, employees and volunteers. The application shall also designate a contact person who shall be the point of communication between the city and the applicant during the application and business tax receipt update and renewal process. For the persons listed, the following additional information shall be provided:

    a.

    The person's title;

    b.

    Current home address, telephone number and date of birth;

    c.

    List of all criminal convictions whether misdemeanor or felony;

    d.

    Copy of a valid Florida driver's license or a government issued photo I.D.; and

    e.

    Set of fingerprints;

    (5)

    The property owner's name, address, telephone number and a copy of a Florida driver's license or a government-issued photo I.D., if the property owner is different than the manager or operator and a copy of the lease or other proof of lawful occupancy of the premises;

    (6)

    Any other information the community development director deems reasonable and appropriate under the circumstances to allow the city to evaluate the application for a business tax receipt;

    (7)

    A sworn notarized statement from the designated physician attesting to the veracity and accuracy of the information provided in the application; and

    (8)

    It is the applicant's responsibility to provide full and accurate contact information when submitting the application to the city. If the application for a pain management clinic business tax receipt is not properly completed, in the sole discretion of the director of community development, the city shall notify the designated contact person listed in the application of the deficiencies. A completed, revised application shall be submitted to and received by the city within 15 business days of receipt of the deficiency notice from the city. Failure to timely respond within the 15 business days shall result in a denial of the application as incomplete. A new application shall then be submitted that is accompanied by the full nonrefundable application fee.

    (9)

    The applicant shall permit the city to perform inspection(s) of the business facility as necessary to determine whether or not the application submitted is accurate in all respects and to verify that a physician licensed under F.S. ch. 458 or ch. 459, as may be amended, is on the premises during all times, that the business is open, and to determine whether the business facility complies with all zoning, fire and building codes enacted by local, state and federal governmental entities. In the event that any information provided in the application changes, an amended application shall be filed with the city within ten business days.

(Ord. No. 2011-33, § 1, 1-3-12)