husband over the issue. And you know what? Some acceptable demographic of theirs will show up and get a license and have a band that plays until four in the morning,†he continues. “What they really mean is ‘We don’t like this woman but we can’t say that, so we’ll say this. But if someone else comes along that we like and wants to rent that space after she’s gone then they’ll get what she couldn’t.’â€
Weighing the Pros and Cons
The State Liquor Authority’s two commissioners finally awarded Lola its license with music on July 17, 2008, after Âcrucial paperwork, including a letter submitted in 2004 regarding Lola amending its original application to include live music, Âsurfaced. The documents showed that live music had indeed been Âdiscussed at Community Board 2’s business committee and full board meetings.
A lobbyist for Patrick-Odeen forced the Authority to review the paperwork. She also credits her attorney, Terry Flynn Jr., who handled the liquor license, without pay. The attorney representing her in the 500-foot rule lawsuit dropped the case for lack of payment. The New York State Supreme Court case is still open but remains at status quo because nothing can happen with it until the Lola bankruptcy case is settled in federal court according to SoHo Alliance attorney Barry Mallin.
Patrick-Odeen agreed to a liquor license that came with Âseveral stipulations that restrict live music to 10 p.m. on weeknights and midnight Thursday to Saturday. Also, the inner doors of the premises must remain closed while live music is being played and the restaurant will not try to expand to the outside courtyard area, which Patrick-Odeen estimates would bring between $1 million and $1.5 million of revenue annually.
Mallin says he is pleased with the outcome. “She can continue in business but we felt she was put on a tight leash.†Sweeney called it a “Pyrrhic victory†for both parties but believes the lengthy fight could have been avoided. “If Tom and Gayle had just come to us like everyone else does and said, ‘This is what we want to do and how can we work this out,’ it would have saved them close to a million dollars and a lot of aggravation.â€
Patrick-Odeen says if she wanted to, she could serve food and lemonade in the courtyard, which is under the Evans’ window, but that isn’t in her plans. As for the limited hours of operation with music, she isn’t thrilled about that. “We are not a club. We don’t need to be open until 4 o’clock in the morning, but we would certainly like the flexibility if we need to,†she says.
She refused to sign a settlement agreement that would table the outdoor space issue and prevent her from taking legal action against the SoHo Alliance. I have suffered so much in four years. Why should I be forced to give up revenue and sign something that relieves you of the responsibility that you owe me for taking me through what you did?â€
She hasn’t decided