Rock Receives Multiple Violations Same Day as Oct 17 Common Council and Licensing Committee Meeting
Franklin Community News
Rock Receives "2" (TWO) Violations from City of Franklin the Same Day the Common Council and Licensing Committee Take Action to Approve Enchant and Modify Ordinance to Extend Events to more than 4 Consecutive Days
Notice of Intent Identifies Multiple Ordinance Violations the City of Franklin Is Not Enforcing with the Rock.
The following letter was a Notice of Intent sent to the City of Franklin pertaining to Notice of Violations the Rock Received from the City of Franklin (Violation 1) (Violation 2) on the same day the Licensing Committee and Common Council met to approve the Enchant Application and Modification of the City Ordinance to allow 4 consecutive days of an event. Alderman or staff did not mention the violation of ordinances at either meeting.
The Notice of Intent below from Citizens Concerned With Noise at Ballpark Commons and Franklin Community News is demanding that the City of Franklin take immediate action with the Rock. Pursuant to the previous warnings issued to the Rock by the City of Franklin and in accordance with the Franklin Municipal Code, if the Extraordinary Event Permit for Hills has Eyes is not immediately revoked and if the City of Franklin does not issue a forfeiture to the Rock under Franklin Municipal Code 121-9 (L) by 5pm on Tuesday, October 24, 2023, we will have no choice than to file a formal complaint with the State Attorney General. The complaint will be against the City of Franklin for collusion with a for profit business as well as discrimination and unfair treatment/business practices not afforded to other non profit organizations and businesses.
October 22, 2023
City of Franklin
Principal Planner, Department of City Development
Re: Letter of Intent - Continuing Ordinance Violations for Hills Has Eyes and Other Ordinance Violations
Dear Mr. Martinez-Montilva,
I am writing this letter on behalf of the Franklin Concerned Residents with Sound at Ballpark Commons and Franklin Community News. We are aware that on October 17, 2023 the Rock was given a Notice of Violation regarding operating hours and on the same day was given a Notice of Violation regarding technical issues with sound monitors. The day these violations were issued were the same day as the Franklin Common Council Meeting and Licensing Committee where action was being taken to approve the Extraordinary Event Application for Enchant and to amend the City Ordinance to allow an event to run for more than 4 consecutive days. These violations were not brought before either before the Licensing Committee or Common Council by City Staff. In fact, during the Common Council meeting the Mayor went on to say:
“Mayor John Nelson confirmed at a council meeting Oct. 17 the speakers, “every one of them I’ve
seen,” have been turned inward toward the stadium.”“Nelson said the city is still working to take over monitoring of the on-site sound meters and he’s been working with residents on the best placement.” Nelson also purchased a handheld decibel reader to allow elected officials and city staff to go out and get a real-time reading any time it may be needed to supplement the more permanent meters.”
“Our goal is to make sure we’ve got accurate data coming in from these decibel readers,” Nelson said, adding his plan going forward is “more efforts, more accountability.”
We are writing to inform you of another most recent violation of operating beyond approved hours for Hills has Eyes as well as other violations of the City of Franklin Code. This is a Notice of Intent that pursuant to the previous warnings issued to the Rock and in accordance with the Franklin Municipal Code, if the Extraordinary Event Permit for Hills has Eyes is not immediately revoked and if the City of Franklin does not issue a forfeiture to the Rock under Franklin Municipal Code 121-9 (L) by 5pm on Tuesday, October 24, 2023, we will have no choice than to file a formal complaint with the State Attorney General. The complaint will be against the City of Franklin for collusion with a for profit business as well as discrimination and unfair treatment/business practices not afforded to other non profit organizations and businesses.
Hills has Eyes - Friday, October 20, 2023, Open beyond Licensed Time of Midnight
We have received complaints from residents that the event Hills has Eyes was open and running until at least 1:02 am Saturday morning and a chainsaw, piano music, a loop of a male voice, explosive type noise, train horns on a loop, animal noises, an announcer could be heard a half mile away. We do have time stamped proof of this occurrence. This was THREE days after the Rock received the notice of violation from the city. According to the license issued for the Hills has Eyes the event is required to end by midnight. Additionally the Rock is in violation of Franklin Municipal Code 121-9 (E)(7)
"Noise. No licensee shall permit any sound created by the special event activity to carry unreasonably beyond the boundaries of the special event premises.”
Hills has Eyes 2023 Sunday Events - No License Issued
According to the Hills has Eyes website https://www.hillhaseyes.com/tickets-hours , the Rock has been selling tickets for Sunday Events the “Not So Scary Halloween Party on October 1, 8, 15, 22, 29. The License issued for the Extraordinary Event on May 24, 2023 only includes Friday and Saturdays 9/29 through 10/28.
Enchant - Any tickets sold or advertisement made prior to the grant of a license
Enchant has been being promoted through social media and other media as well as tickets being sold since June, 2023, please see https://enchantchristmas.com/milwaukee-wi-franklin-field/ . The event as of now has not been issued a license by the city. The Rock has been in violation of Franklin Municipal Code 121-9 (E)(2) since June 2023.
“Any tickets sold or advertisement made prior to the grant of a license under this section and the satisfaction of all conditions of such license shall include therein, in like medium, a statement that "the occurrence of the (special event) remains subject to the approval of the City of Franklin."
Tacos and Tequila 2024 - Any tickets sold or advertisement made prior to the grant of a license
Tacos and Tequila 2024 has been announced for 2024. The website https://tacosandtequilamke.com/ has been promoting the event since the beginning of October 2023 and ticks are being sold. The event as of now has not been issued a license by the city. The Rock has been in violation of Franklin Municipal Code 121-9 (E)(2) since October 2023.
“Any tickets sold or advertisement made prior to the grant of a license under this section and the satisfaction of all conditions of such license shall include therein, in like medium, a statement that "the occurrence of the (special event) remains subject to the approval of the City of Franklin."
We look forward to a response from the City by 5pm on Tuesday, October 24, 2023. You may email your response to the corresponding email. Thank you for your immediate time and attention to this matter.
Citizens Concerned with Sound at Ballpark Commons
Franklin Community News
Cc: Brian Sajdak, Assistant City Attorney
Alderman Jason Craig, Licensing Committee
Alderman Courtney Day, Licensing Committee
Alderman Michelle Eichmann, Licensing Committee
Karen L. Kastenson, City Clerk
Kelly Hersh, Director of Administration
Rick Oliva, Chief of Police
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