You make an awful lot of assumptions about how others would act. I definitely wouldn't eat at the second restaurant, because they'd be scumbags for ripping off the first restaurant and I wouldn't want to support them.
Exclusivity is not a license to, nor a justification for, outright copying.
@54mf: What if the restaurant in question told you that the reason for excluding you wasn't a "closed beta" but rather that you aren't witty or intelligent enough?
Exclusivity is not a license to, nor a justification for, outright copying.