Santa Monica Daily Press, January 02, 2010

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Volume 9 Issue 44

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THE NEW DECADE, NEW DIRECTION ISSUE

Smoking ban not necessarily a drag on business BY NICK TABOREK Daily Press Staff Writer

CITY WIDE As Los Angeles and West Hollywood consider banning smoking on restaurant patios — a step Santa Monica took three years ago — opponents of the new rules have argued additional restrictions could hurt businesses. But, those fears are unfounded, said Santa Monica proprietors who have dealt with one of the toughest smoking bans in the region since 2006. While some restaurant and bar managers said the ban caused a dip in business when it first took effect, they agreed the idea of nonsmoking patios at bars and restaurants has become so ingrained customers rarely complain. “Everybody’s used to it now. Now it’s normal for people not to smoke on the patio,” said Stephanie Dyer, manager at World Cafe on Main Street. She said it’s much more common for people to complain about the California public health code that bars pet dogs from areas where food is served. Since the longstanding rule started being enforced at World Cafe, regulars who used to sit on the patio with their pets have been chased away. “I get the dog thing every day. The smoking thing — nobody even talks about that anymore,” Dyer said. Mike Mininsy, general manager of another restaurant with a large patio, El Cholo on Wilshire Boulevard, said he agrees the smoking ban hasn’t hurt business. He said in some ways the ban has even helped. “I think more people sit outside just because you can’t” smoke cigarettes there, he said. “I don’t think it’s hurt business at all. I think people are just used to it.” The bans proposed in Los Angeles and West Hollywood could differ from Santa Monica’s ban. In L.A., for example, the proposal would exempt bars with outdoor areas and other over-18 establishments, whereas the patio ban applies to all businesses in Santa Monica. West Hollywood’s ban is still being formulated, but discussion so far has SEE SMOKING PAGE 11

Brandon Wise brandonw@smdp.com

OLD SCHOOL: Patrick's Roadhouse has been a fixture on Pacific Coast Highway since 1974. The owners of the building are trying to oust the eatery.

Roadhouse battle heads to court BY NICK TABOREK Daily Press Staff Writer

SANTA MONICA CANYON The owner of Patrick’s Roadhouse is contesting an eviction notice he received in November, and now the fate of the historic restaurant on Pacific Coast Highway likely will be decided this month in court. The property owners, Lee and Christine Benchay, did not return a call for this story and haven’t disclosed their plans for the site. Last month, they sent Anthony Fischler, whose father opened the restaurant in 1974, a notice to leave the premises within 30 days. Their lawyer, Duane Hall, said there will be a civil trial within three weeks to decide the case. “I expect within a month the restaurant won’t be operating,” he said this week.

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Hall declined to explain why the owners want the Roadhouse off their property, except to say, “The powers that be in this case — the persons that own the property — have made a determination they’ve finally had it with the relationship and they want to terminate it.” He added, “We’re not evicting him for non payment.” With its lime green facade and prime seaside location, Patrick’s Roadhouse has become a favorite for Santa Monica Canyon residents as well as a local landmark. Fischler said he’s holding out hope that a deal can be struck with the Benchays to at least extend the restaurant’s lease, but so far no negotiations have taken place. “When it’s silent on the other side, I mean what can you do?” he said. Hall said the Roadhouse has been leasing the property on a month to month basis for years and the Benchays were within

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their rights when they sent the 30-day eviction notice. Hall acknowledged the Benchays have declined to discuss the matter with anyone directly, but said the owners would consider proposals presented to their attorney. “I think it’s a little peculiar nobody seems to be doing anything concrete to try to resolve” the situation, he said. In a court document filed Dec. 24, Fischler’s lawyer, Rosario Perry, argues the eviction notice was improper because his client had recently invested $8,000 in repairs to the property and because residential units attached to the restaurant property are rent controlled and require a longer notice period before eviction. In the document Perry also alleges the eviction notice was sent in retaliation after an attorSEE SUIT PAGE 11


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