Number
260237
Version
SUBSTITUTE 1
Reference
Sponsor
ALD. WESTMORELAND
Title
A substitute ordinance relating to the granting of a temporary change of plan permit.
Sections
85-39-3-c am
85-39-4-b-5 cr
85-39-5-b rp
Analysis
This ordinance amends provisions regarding temporary changes to plan of operation permit applications. It provides that when an application is filed after the city clerk’s deadline, the applicant must acknowledge that the late filing may result in denial if there is not enough time for adequate review. It also allows the common council member to consider whether the application was submitted fewer than 5 working days before the event and to deny the application on that basis. In addition, the ordinance removes the provision requiring the city clerk to forward an application to the licensing committee for a hearing whenever an interested person files a written objection.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 85-39-3-c is amended to read:
85-39. Changes to Plan of Operation, Temporary.
3. APPLICATION.
c. The city clerk shall accept applications filed after the filing deadline established by the city clerk, provided the applicant affirms the applicant's understanding that any decision made by a common council member under sub. 4 is final and not subject to further review >>, and that a late filing may result in denial if insufficient time exists for adequate review of the application<<.
Part 2. Section 85-39-4-b-5 is created to read:
4. APPROVAL BY COUNCIL MEMBER.
b. In making a determination, the common council member shall consider each of the following factors:
b-5. Whether the application was submitted fewer than 5 working days before the activity for which the permit is sought. Applications submitted fewer than 5 working days before the activity for which the permit is sought may be denied.
Part 3. Section 85-39-5-b is repealed.
(Note: The provision being repealed reads as follows:
b. If a written objection to an application is filed by any interested person, the city clerk shall forward the application to the licensing committee for a hearing.)
LRB
APPROVED AS TO FORM
K. Broadnax
____________________________
Legislative Reference Bureau
Date: June 29, 2025
______________________
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
____________________________
Office of the City Attorney
Date: ______________________
Requestor
Drafter
LRB181679-2
Dave Gelting
June 26, 2026