A. Franchise agreements are subject to and shall be governed by all terms, conditions and provisions of the ordinance codified in this title and any future amendments thereto; provided, however, any such future amendments which materially alter the terms and conditions of a franchise agreement shall not be applicable to the franchise agreement unless one of the following apply:
1. The franchisee under the applicable franchise agreement shall have consented thereto;
2. Such amendments implement changes in applicable federal or state laws; or
3. Such amendments are for the purposes of protecting the public health, safety and welfare.
B. Any amendment to the ordinance codified in this title which either: (i) does not materially alter the terms or conditions of a franchise agreement, or (ii) materially alter the material terms and conditions of a franchise agreement but which otherwise apply to the franchise agreement pursuant to either 1, 2 or 3 above, shall be hereinafter collectively referred to as a “applicable amendment.” In the event of any conflict between a franchise agreement and the ordinance codified in this title (including any applicable amendments), the ordinance codified in this title and the applicable amendments shall control.
C. The foregoing paragraph notwithstanding, a franchise agreement may contain express provisions that it terms supersede one or more provisions of the ordinance codified in this title and, in such case, the provisions of the franchise agreement shall control; provided, however, that any applicable amendments to such superseded provisions of the ordinance codified in this title shall govern over any franchise agreement superseding provision. (Ord. 205 § 3, 2001)