Part I
Would you like that new business with a Certificate of
Occupancy or Without? Options are
usually NOT given as businesses are required to have a Certificate of Occupancy
to open their doors. It really is for
everyone’s protection, but yes, it does mean government is in your
business. But if it is for my protection
and the protection of all who should enter my place of business, why should I
object? Why should I lie about what I am
going to do in that place of business?
Why object to reporting more than one of your businesses in your one
location? In a perfect world void of corruption and the bad and ugly,
Certificates of Occupancy would not even be a reason to get a City Building
Official fired, but in some cities, it is considered justifiable cause, IF you
happen to be BFF of the Mayor, the City Manager, and the Assistant City
Manager.
I am talking here about businesses within a city ONLY, for
businesses located outside city limits, the county jurisdictions have their own
requirements that may differ from the municipalities. Most cities nationwide require Certificates
of Occupancy for the following:
All
commercial buildings within city limits
All new
businesses within city limits
Businesses
changing ownership of an existing business within city limits
Businesses
moving to a new location within city limits
Each
separate business sharing office space within city limits
Permits are to be obtained prior to change of use,
construction, demolition and remodel work, occupancy classification, ownership
change, and tenant name change. This is
required in buildings, tenant spaces, and commercial sites. The specific intended use of the space is
required so the occupancy classification can be determined. This is very important for Police and Fire
calls for the safety of all involved. A
final inspection is done by the Fire Inspector and Building Inspection
Department once all requirements for the occupancy are satisfied AND
prior to conducting business or occupying the space. If everything passes inspection, a
Certificate of Occupancy is issued for each business establishment in a
commercial building.
In USA.com Wylie’s 2010 statistics showed that there had
been a population increase of 173.77 percent since the year 2000. Along with the continued growth in Wylie, one
could see new businesses sprouting up everywhere. With the increase in business start-ups,
Wylie’s Fire Inspector was discovering non-permitted businesses and called on
Dwight for assistance. In summation, after
repeated visits from the Fire Marshall’s inspector, Dwight met with the Fire
Marshall. A plan for an informal task
force comprised of the Fire Inspector, Code Enforcement Officers and Multi-Trade
Building Inspectors was presented to upper management for approval. The plan was approved, the only objection
being referred to as “a task force”. Dwight and other employees living in Wylie
would report any weekend move-ins, remodels, etc. to the Code Administrative
Secretary for follow-up. This type of
team effort was helpful, as the city growth continues, yet the employee count
decreases in many areas by attrition—the gradual reduction in personnel through
resignation, retirement or the elimination of specific jobs for cost reduction
purposes.
With the opening of the shop in the fall of 2011, I went
through Wylie’s application process to obtain The Crafter’s Co-op Certificate
of Occupancy. The required application
is short, easy to understand with straight forward questions and prompts. It should be easy for anyone to apply and be
up and open with little trouble. Yet
there are businesses failing to apply, some are dishonest with the information
they supply and others expect favors from their friends in high places to get
rid of the Enforcer. In the Q Office Suites and Art Center building where The Crafter’s
Co-op business was located, there were two different businesses that caused the
closing of the shop and the end of
Dwight’s career by lying to cover-up their questionable and
non-conforming business practices. The
Mayor and the City Officials continued the charade and helped facilitate the
ending with their own lies and cover-ups as well.
A’Vouloir Apothecary’s Certificate of Occupancy was issued,
yet the owners failed to meet compliance requirements according to the Texas
Pharmaceutical Board which is the governing agency for all apothecaries and
pharmacies in Texas. According to the owner of A’Vouloir, his Chemical
Engineer degree is all that was needed to open his apothecary in California
and claimed that he met Texas
requirements too. There are definite
differences in the California and
Texas laws governing
apothecaries. One major difference is
that in California, apothecaries
can dispense marijuana, but it is considered illegal to do so in Texas. Another difference is that the Texas
Pharmaceutical Board requires a pharmacy license from the Texas State Board of
Pharmacy and does not consider a Chemical Engineer degree an acceptable
alternative to a pharmacy license. In
addition, the Texas Pharmacy Act prohibits any business from using the word
“apothecary” in any manner that would lead the public to believe that the
business is a pharmacy, unless the business is a licensed pharmacy. In the Texas Pharmacy Laws and Rules, the
intent of the law is to view the words “apothecary” and “pharmacy” as having
the same meaning. A health-related
business that uses the word “apothecary” in its signage or advertisements or
verbal presentation to the public, may certainly be in violation of the Texas
Pharmacy Act, if it does not hold a pharmacy license from the Texas State Board
of Pharmacy. All requirements for
personnel, operation, records, etc. that apply to a pharmacy would apply to a
health-related business that uses the word “apothecary”.
The many infractions in everyone’s blame game were not
Dwight’s or mine, but A’Vouloir’s owners and accomplices in the building as
well as city officials aiding in the charade to cover the truth behind this
business. Not knowing if A’Vouloir was
still in operation, I did a Google search tonight. Imagine my surprise, when I found 14 pages
with 132 entries of advertisements for A’Vouloir Apothecary. And of course many of these listings were for
“pharmacy”, “drug store” and of course “apothecary”. Obviously, they are continuing to hide behind
their web of deceit. At the bottom of
page 14 of the Google search, this is what reads to continue on to page 15
through who knows how many more pages??
"In order to show you the most relevant results, we
have omitted some entries very similar to the 132 already displayed.
If you like, you can repeat the search with the omitted results included." |
For more information, you can refer to the Texas Pharmacy
Laws and Rules regarding statutes for Apothecaries in the Occupations Code as follows.
OCCUPATIONS
CODE
TITLE 3. HEALTH PROFESSIONS
SUBTITLE J. PHARMACY AND PHARMACISTS
CHAPTER 560. LICENSING OF PHARMACIES
PART II of C/O Straight Up, With Sugar Coating or No C/O
to be continued….
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