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ORDINANCE NO. 2010- 016 (1) Moratorium. From the effective date of this ordinance until June 7, 20113 (i) no business tax receipt shall be issued for the operation of any Pain Clinic or Pain Management Clinic in Indian River County, and (ii) no business tax receipt shall be transferred or renewed for the operation of any Pain Clinic or Pain Management Clinic, if, at the time of such transfer or renewal, the Pain Clinic or Pain Management Clinic is not in compliance with all applicable local, county, state and federal laws. (2) Definitions. (a) "Pain Clinic" or "Pain Management Clinic" shall mean a privately owned pain management clinic, facility, or office primarily engaged in the treatment of pain by prescribing or dispensing controlled substance medications, or which advertises in any medium for any type of pain management services, or employs a physician who is primarily engaged in the treatment of pain by prescribing or dispensing controlled substance medications, and which is required to register with the Florida Department of Health pursuant to section 458.309 or section 459.005, Florida Statutes; provided, however, that the following shall be excluded from this definition: i. a facility which is licensed pursuant to Chapter 395, Florida Statutes, ii. a nursing home, ambulatory surgical center, hospice or intermediate facility for the developmentally disabled which is licensed pursuant to Florida law, iii. a clinic, facility or office in which the majority of physicians primarily provide surgical services, and iv. a clinic, facility or office which is wholly owned by physicians licensed pursuant to Florida law, at least one of whom (a) has obtained board certification by a specialty board recognized by the American Board of Medical Specialties and holds a sub -specialty certification in pain medicine, (b) has successfully completed a post graduate training program in Pain Medicine/Management accredited by the Accreditation Council for Graduate Medical Education, or (c) has obtained a Certificate of Added Qualification in Pain Management by the American Osteophathic Association. (b) "Controlled Substance" shall mean a controlled substance listed in Schedule II, Schedule III or Schedule IV in section 893.03, Florida Statutes. (3) Affidavit. If, during the term of this moratorium, an application is made for issuance of a business tax receipt for operation of a medical or health clinic, facility or office which, as represented by the applicant, will not be operated during the period of 3