A. No person, firm or corporation shall exercise in the City any franchise right or privilege mentioned in Article XII of the Charter, except insofar as they or it may be entitled to do so by direct authority of the Constitution of the State of California or of the United States, unless they or it shall have obtained a grant therefor in accordance with the provisions of this chapter and of the applicable provisions of the Charter. Nothing in this chapter contained shall be construed to invalidate any lawful franchise heretofore granted, nor to necessitate the obtaining of a new franchise for a use for which a franchise holder shall have a valid unexpired franchise.

B. It is hereby declared and determined that the business of collecting and transporting rubbish generated, kept or accumulated in the City is in the nature of a public service and should be regulated by the City. The use of any public street or public property in connection with such business is of great concern to the City and should be regulated by the City. Therefore, it is the purpose of this chapter to provide such regulation, and to require that as of July 1, 2000, businesses described in this paragraph be franchised.

C. Notwithstanding the general prohibition in Section 12.32.050.B or any other provision of Chapter 12.32 to the contrary, a person may engage in the business of collecting or transporting rubbish kept, accumulated or generated in the City if: