[R.O. 1985 § 13-185; Ord. No. 3389, § 1, 11-28-1995]
The term "outpatient surgical treatment center," as used herein, means any business, institution or establishment devoted to the operation of a facility for the performance of surgical procedures. Such facility shall not provide services or other accommodations for the overnight stay of patients. This definition does not include any facility licensed as a part of a hospital, or a facility where oral or eye or podiatric surgery is performed.
[R.O. 1985 § 13-186; Ord. No. 3389, § 1, 11-28-1995]
In addition to all other licenses and permits required to operate a business within the City, no person, either as owner, agent or manager, shall operate, conduct or maintain an outpatient surgical treatment center without first obtaining a license therefor from the City, in accordance with the following procedures (as outlined in Sections 13-187 through 13-190).
[R.O. 1985 § 13-187; Ord. No. 3389, § 1, 11-28-1995; Ord. No. 5127, 1-26-2021]
(a) 
Any person desiring to operate an outpatient surgical treatment center shall file an initial verified application with the Planning, Zoning, and Architectural Review Commission, containing the following information:
(1) 
The full name of the applicant, business address and, in the case of an individual applicant, current residence address. If the applicant is a partnership, the names and business and residence addresses of the partners and a fully executed copy of the partnership agreement shall be provided. If the applicant is a corporation, the names and business and residence addresses of the officers and board of directors, together with a fully executed copy of the current articles of incorporation and certificate of incorporation, shall be provided.
(2) 
The training and experience of the applicant relevant to the operation of an outpatient surgical treatment center. If the applicant is a partnership, the training and relevant experience of the partners shall be included. If the applicant is a corporation, the training and relevant experience of the officers shall be included.
(3) 
The names, business and residence addresses and professional training and experience of any physician who shall be rendering medical service or treatment at such center, together with a certification from each physician that he or she will be serving on the staff of the facility. If, during the period, any other physicians are proposed to render medical service or treatment at the center, the foregoing information shall be provided with regard to any such additional physicians prior to any medical service being rendered by such physicians.
(4) 
A description of the surgical services, medical facilities and major equipment which shall be provided at the center.
(5) 
A fully executed copy of an agreement between the center and a hospital located near the City providing for a transfer of patients of the center to such hospital for emergency treatment, whenever necessary, or, alternatively, verification that each physician who is proposed to perform surgical procedures at the center is a member of the staff (with admitting privileges) of a hospital located within the county.
(6) 
Statement as to method of disposal of all human tissue and including fetal remains, together with such information as shall establish that such method of disposal conforms with all applicable governmental regulations.
[R.O. 1985 § 13-188; Ord. No. 3389, § 1, 11-28-1995; Ord. No. 5127, 1-26-2021]
The application shall be reviewed to determine that it contains all of the information required herein. Upon determination that it so complies, and approval by the Board of Aldermen, the City Clerk shall issue such license and the applicant shall pay a license fee in such amount approved by the voters of the City as such fee.
[R.O. 1985 § 13-189; Ord. No. 3389, § 1, 11-28-1995]
Any outpatient surgical treatment center in operation at the time of the adoption of this Division shall be notified of its adoption and shall file its application for license in compliance with the requirements hereof within ninety (90) days of the adoption of this Division.
[R.O. 1985 § 13-190; Ord. No. 3389, § 1, 11-28-1995]
Each such license shall be renewed annually as of June 1 of each year, upon the filing of an updated application containing all of the information required for the original license and a determination of compliance with all of the requirements hereof and payment of a license renewal fee in the sum of such amount approved by the voters of the City as such fee. No license granted hereunder shall be transferable.
[R.O. 1985 § 13-191; Ord. No. 3389, § 1, 11-28-1995]
(a) 
An outpatient surgical treatment center shall operate in compliance with all applicable governmental laws and regulations.
(b) 
Individual patients shall be discharged in an ambulatory condition without danger to the continued well-being of the patients or shall be transferred to a hospital.
(c) 
An outpatient surgical treatment center shall have in effect at all times an agreement with a hospital located near the City providing for transfer of patients of the center to such hospital for emergency treatment, whenever necessary. In the alternative, each physician performing surgical procedures at the center shall be a member of the staff (with admitting privileges) of a hospital located within the county.
[R.O. 1985 § 13-192; Ord. No. 3389, § 1, 11-28-1995]
Any license granted hereunder shall be subject to revocation by the Board of Aldermen upon a finding by such Board of a violation of any of the provisions, conditions or requirements hereof, provided that the licensee shall first be given written notice of any violations hereunder and be afforded a hearing to present such information as the licensee may desire. The notice shall fix the time and place for such hearing, which shall be at least ten (10) days after service of such notice.
[R.O. 1985 § 13-193; Ord. No. 3389, § 1, 11-28-1995]
(a) 
No person shall assist in or perform any surgery at an outpatient surgical treatment center which is not the holder of a duly issued current license hereunder.
(b) 
No outpatient surgical treatment center shall operate without the license provided for herein.
(c) 
Any person found guilty of violating any of the provisions hereof shall be subject to all penalties provided for violation of City ordinances.