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ORDINANCE NO. 2010- 013 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. Section 3. Moritorium. Effective June 8, 2010, and for a period of ninety (90) days thereafter, no business tax receipt shall be (i) issued for the operation of any Pain Clinic or Pain Management Clinic in Indian River County, or (ii) transferred or renewed for the operation of any Pain Clinic or Pain Management Clinic in Indian River County; provided, however, that a business tax receipt may be transferred or renewed if, at the time of such transfer or renewal, the Pain Clinic or Pain Management Clinic is in compliance with all applicable local, county, state and federal laws. Section 4. Affidavit. If, during the term of this moratorium, an application is made for issuance, transfer or renewal of a business tax receipt for operation of a medical or health clinic, facility or office which, as represented by the applicant, is not being operated, and will not be operated during the period of time covered by the business tax receipt, as a Pain Clinic or Pain Management Clinic, the applicant, as a condition of the issuance, transfer or renewal of the business tax receipt, shall execute and deliver to the Tax Collector an affidavit confirming such representation. If, during the period of time covered by the business tax receipt, the clinic, facility or office is in fact operated as a Pain Clinic or Pain Management Clinic contrary to the representation of the applicant, the business tax receipt shall be subject to immediate revocation in proceedings before the Code Enforcement Board, in addition to other remedies available under local, county, state and federal laws. Failure or refusal of the applicant 3