Jerry’s Billiards to Appeal Ruling Over Operating Hours

The owners of Jerry’s Billiards are appealing a ruling that limits the billiard hall from operating from 7 a.m. to 10 p.m.

According to the owner, the longtime business, located at 1312 N. Lake Ave.,  is a nonconforming use and is not required to operate under a CUP. 

Non-conforming use rights are given to properties that have purposes that do not conform to the use regulations for the zoning district in which it is located.

Several liquor stores and long-term health care facilities operate under nonconforming uses.

In its staff report, the City confirmed the billiard hall’s nonconforming status.

According to that report, Jerry’s Billiards has been operating since 1985. 

At the time the business was established there were no restrictions on hours of operation applicable to its zoning district (C-2). 

But now a billiard hall is no longer permitted in the zoning district and Jerry’s Billiards continues to operate under a nonconforming use. 

However, the owner to date has not provided documentation proving that the City allows the business to operate from 10 p.m. to 7 a.m.

To make matters even more difficult for the billiard hall any ability to operate with nonconforming hours was abandoned when the owner indicated in writing in 2017 that the business hours would be from 9 am to 10 pm on a code compliance certificate.

The business has received a citation indicating that it was operating after 10:00 pm. The corrective remedy was for the business to end operating hours at 10:00 pm.

The approved hours of operation are consistent with the zoning code which allows a business to operate between 7 am and 10 pm by-right when the site is within 150 feet of a residential zoning district. 

A Conditional Use Permit would need to be approved to operate between the hours of 10 pm and 7 am. As of the date of this report, a Conditional Use Permit application has not been submitted.

At a November 17 meeting, the Board of Zoning Appeals (BZA) reviewed an appeal on the matter. 

A motion was made to continue the hearing to a later date to allow the owners of the City to reach out to local stakeholders, including neighbors to discuss noise, trash and illegal activities and work towards “potential solutions and a compromise to extend business hours, according to a City staff report.

Jerry’s Billiards, 1312 N. Lake Ave., abuts a residential zoning district immediately to the east. The pool hall does not have a  Conditional Use Permit that allows it to operate from 10 pm and 7 am.

The Board of Zoning Appeals meets at 6:30 p.m. on Thursday.