11-1344 Imposing Temporary Moratorium - Pain Management Clinics & Cash only pharmacies

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NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF CASSELBERRY, FLORIDA, AS FOLLOWS: SECTION 1. PURPOSE AND LEGISLATIVE FINDINGS. The above recitals are hereby adopted as the legislative purpose of this Ordinance and as the City Commission's legislative findings. SECTION 2. TEMPORARY MORATORIUM UPON THE ISSUANCE OF CASH ONLY PHARMACIES OR PAIN MANAGEMENT CLINICS PERMITS. All activities relating to the acceptance, review and action upon permit applications for Cash Only Pharmacies or Pain Management Clinics are temporarily suspended in order for the City of Casselberry, through its officials and staff, to have adequate time and opportunity to conduct a study or studies and comprehensively analyze the adequacy of application criteria, standards, and other approved processes and procedures related to the issuance of said permits within the City of Casselberry. Accordingly, based upon the foregoing, there is hereby imposed a temporary moratorium on the receipt and /or acting upon applications for licenses related to Cash Only Pharmacies or Pain Management Clinics. During the time the temporary moratorium is in effect, the City will accept no applications or act on any pending applications for permits or business tax receipts for such activities and no such new activities shall be permittable within the City. It is unlawful for any person or entity to engage in the activities that are the subjects of the Ordinance without first obtaining a business tax receipt or permit for such activities. During the period of time that the temporary moratorium is in effect, the City shall not accept payments of the business tax for such activities and shall return any funds accepted for pending applications. SECTION 3. DEFINITIONS. For the purposes of this ordinance, the following definitions are provided. (1) Cash Only Pharmacies. A pharmacy that primarily dispenses medication in Schedule II, III, and IV in Sections 893.03, 893.035, and 893.0355, Florida Statutes, including but not limited to opiods, including fentanyl, hydrocodone, morphine, and oxycodone, to individuals for cash only and /or is not generally open and accessible to the general public. The pharmacy does not accept payment for its services through an established insurance provider. (2) Chronic nonmalignant pain. Pain unrelated to cancer, which persists beyond the usual course of the disease or injury that is the cause of the pain, for more than ninety (90) days after surgery. (3) Controlled substance. Defined in Section 893.02, Florida Statutes, and means a controlled substance listed in Schedules I to V in Section 893.03, Florida Statutes. Ordinance 11 -1344 Page 3