been falsely included. The Appellate Division overturned the ruling by the State Supreme Court on Aug. 31, 2006 and ordered the license reinstated. Only the license was reissued stating Lola would “be a bona fide restaurant with no live music or dancing even though live music and dancing had been discussed from the start.†Lola’s original application stated there would only be background music, an error Patrick-Odeen believes was made by her attorney’s office. Minutes from the community board’s business committee and full board meetings both show live music was discussed.
Open for Business
When Lola finally opened in fall 2007 with a liquor license that only allowed background music, it struggled to attract the number of customers it had in Chelsea. Patrick-Odeen estimates that 60% of her clients patronized her business because of the live music.
The number of patrons dropped from 200 at its old location to 35, making it difficult to pay the monthly rent of $21,000, in addition to $10,000 in arrears due for three years. Tom estimates that the restaurant had gone from grossing between $300,000 and $400,000 a month at the Chelsea location, depending on the time of year, to less than half that. “We’re just breaking even now but we have so much that we owe that we’re still paying money backward,â€Â says Patrick-Odeen. “That’s why we’re in this hole.â€
The two investors secured in 2004 had left following the legal battle. Another investor left when there were problems getting live music. Patrick-Odeen estimates the couple liquidated at least $800,000.
Lola isn’t the only restaurant to go up against the SoHo Alliance, which vehemently fought Besito, an upscale, 69-seat gourmet Latin fusion restaurant that opened in October 2004 with a beer and wine license. Five months later Besito sought to upgrade to a full liquor license in order to remain competitive. Community Board 2 opposed it at two meetings, citing an oversaturation of bars, noise, and traffic. “The Evans didn’t want it there,†offers Sweeney. “[People] said we were anti-Hispanic.â€
The board relented and voted in favor of the license, which was eventually granted. But by then, the business had taken such a Âfinancial hit that it wasn’t able to remain open. A Japanese fusion restaurant called K, now occupies that space. And there was no Âopposition to its license. “It’s very Zen,†Sweeney says in support. “It would look silly to oppose the application.â€
Nor did anyone oppose the liquor license application for nearby Aurora, a restaurant Sweeney says he ate at when it was located in Brooklyn’s Williamsburg neighborhood. He characterized it as a family restaurant. None of those establishments offer live music, but there are others near Lola that do. Sweeney argues that the Alliance evaluates each situation on a case-by-case basis. “It has nothing to do with Lola. She’s taking it so personally.â€
But Rinaolo charges, “Picking and choosing is profiling,†and he believes Patrick-Odeen has every right to take the issue personally. “What I don’t buy into is they have virtually bankrupted Gayle and her