Example: Burger King. I need a whopper pick me up (spent an absolute fortune the night before getting buzzed at the hotel bar and I have found the best solution to a scotch hangover to be a big greasy Whopper). I ordered a Jr. Whopper meal with a fries and a coke which came out, I think, to be about 5 pounds. That, at the time, was a $10 fast food burger - something I can get here for less than $4. Now, lets look at lunch. My fiance, his father and I went to a small restaurant in the Borders. Lovely food, great service, $18 worth of coffee!!! Free refills on coffee apparently don't exist. The coffee was 3 pounds a cup and we each had 3 cups. That was 9 pounds for coffee alone. We had a small appetizer for 8 pounds ($16) and each of our lunches was anywhere between 10 and 15 pounds ($20 to $30). The portions were ample and the service was great (we even received the best performance ever of the Haggis tale from our waitress) but I still think that this meal was ridiculously overpriced. This lunch ended up costing us about $90. And to top it all off, my Fiance's father still put down a couple of pound coins for tip.

So, yes, you have your 8 pound burgers, but understand that is at least $12 to us here (now that the dollar has gone up a bit against the pound). Our restaurant food prices are significantly cheaper.

The idea that food would suddenly become ridiculously expensive is nonsense.

I can say, as a former server, that Automatic Gratuity has saved me quite a few times. When you're taking care of a large party, especially if it takes up your entire section, it can become exceptionally challenging to keep up with all of the requests.

Automatic Gratuity is designed to protect the server, whose livelihood is based almost exclusively on tips, from being screwed. It's like insurance against the fact that you have all of your eggs in one basket. If you run your ass off for a table of 12, which takes up your whole section, give good service and they leave you $5 on a $400 bill, is that fair?

That said, I've never heard of automatic gratuity on a table of less than 8 people, and I've certainly never heard of a situation where a table has objected to auto gratuity and not gotten it taken off.

There has to be more to this story. Either the server wasn't as terrible as claimed, the server was friends with one of the managers who went to bat for her, or there's some kind of history here.

In sum, Automatic Gratuity is an invaluable protection for good servers against bad patrons. But they have to earn it. It shouldn't be an entitlement.

What these kids did wrong was walk out instead of bringing the bill to the manager and disputing the gratuity expected (but I believe not legally required).

I waited tables for 6 years in my teens and 20s. If you are good, you make a lot more money than most jobs that don't require a college degree (plus free or discounted food, heck yeah). If you are a bad server, you get bad tips. Sometimes you just get bad customers who think that tipping is their chance to prove their rights and won't tip over 10%, if at all. It stinks but you don't go chasing anyone down for it. What percent tip would have been acceptable in this case? Why is a party of 6 held to higher tip standards than any other patron?

@RvLeshrac: I disagree with you, McDonalds restauants do quite well, and they pay at least minimum wage! I realise the food is not the same quality as that found in "sit down" restaurants, but when you consider that the "biscuit makers" make in excess of $2 over minimum wage, and several products they sell are less than $2 each and they are profitable, yet fancier places couldn't?

Why should a waiter/waitress check on you? IT'S THEIR JOB! The tip is meant to be a layer of icing on the cake that is their wages. Don't give me personalised service?, don't get the tip.

Time limits on how long I can stay there? Then my shadow shall not darken your door, nor will the shadows of all the people I have persuaded to boycott your business. Would you rather loose a few bucks due to slow turnover?, or loose hundreds of dollars because you don't know how to treat a customer?

And lastly, given how I've been treated at these places, I'd much rather they be self serve. At least then I would something that resembles proper service.

This is an example of how our use of language has been distorted. A tip is no longer a voluntrary payment, it is now mandetory. Warrenty? It's not really a promise to stand by your product or service, it's ...it's... we'll have to get back to you; maybe.

/fixed
//bored

But theft? I don't think.

Also..FYI...when gratuity is added for a party 6/8 or more, it is not required. It is a suggestion. If the service was poor, speak to the manager and inform them. Just another thing I learned while working as a waiter. (It was someone else, not me, I can proudly say.)

If they skipped out on the bill *entirely* would it apply? If not, why?

@treimel:

and ... sure enough, charges dropped:
[www.mcall.com]

@billy:

I practice in Pa--the statute you cite is NOT applicable. you're just dead wrong.

That's why this ordinance applies.

And, like I said before, I'm assuming that the judge wouldn't buy a bs argument like "even though it says the gratuity will be added, you don't have to pay it."

Where are you getting your info about this policy not being legally binding? It's part of the cost of service that the parties agreed to when they sat down at the restaurant.

Then take a picture of it all and post it on yelp.com as the restaurant's image ha ha.

[lh4.ggpht.com]

I think it would be helpful if the OP / Diners provided a pdf of the receipt in question (if available) - that would settle the issue.

The law you cited pertains only to the provision of food and lodging. Gratuity is a separate voluntary payment not covered by this. Even if it is "policy" to add it to the bill, it is not legally binding. This case will never make it to court, and if the kids are smart, they will lawyer up and sue the establishment for their trouble and humiliation.@billy:

And all you customers need to learn how to be good customers. You all are Baby Dicks about everything.

Works only with a paper napkin: Write

"TIP"
"In the future if you would like money for your tip please try using better customer service."

Both of my roommates are servers... They pretty much pay the electric and cable on their checks, and pay car payments, insurance, gas, housing, food, and entertainment on their tips. Sure on a bad day they make $50 a day AFTER paying out people, and on a good day between $130-$400.... But, while they tip a MINIMUM of 15% usually, an average of %18-%19, even they say that tipping IS OPTIONAL, and unless the service is terrible, a little something should be standard.

I however see it completely as optional. If I cant pay a tip, I dont go out to eat. People ARE serving me, and I want to leave them something for doing so. I however do not feel obligated to do so. Even more so is that if its terrible, I let them know "Yes Ill need change" and leave just the "change" aka pennies, dimes, etc on the table and let them know the appreciation of their service is reflected in their gratuity.

More people = More time
More time = Less time allotted per person
Less time allotted per person = A very busy server

Gratuity is added so the party cannot cheap out and the server gets the tip they deserve (so as long as they give good service). And if gratuity is added on a check, the party is required to pay. And if they do not pay the gratuity, they can be charged. Automatic gratuity does mean required fee and there generally is no confusion concerning the meaning.

So yes, it is completely fair to charge someone 18% more simply because they're part of a large group. Also, keep in mind a server deserving of a 20% or more tip could get screwed by gratuity by way of the party simply paying the gratuity that is required and no more.

the one thing that bugs me if you have every worked in resturant and had to handle complaints when someone says they waited for over an hour its usually not the case . its usally only an hour also i agree with some of the people on here they should had talked with manager.

It was nice once we got the hang of it. Meals became an event, not a task to shovel stuff in our pieholes.

Coming back to the states was a bit of a letdown (not to mention having to eat the local crappy, slimy pasta---compared to the heavenly gnocchi one can get in Rome...)

a) Figure out how to get people to buy the usual 'overpriced' items once the loss-leaders get them in the door, or

b) Eliminate the loss-leaders and chalk the whole thing up to "setting prices is haaaaaarrrd"

c) Making up some ridiculous rules like the customers have to order at least 10 wings and two sodas, even if they don't want that many.

Since they picked "c", that will work until they get a competitor that knows how to do "a" and puts them out of business.

@billy: To make people believe it is an obligation or requirement so that they then pay an 18% gratuity (or in this case, a 22% gratuity - can't make the math work with the numbers they give) without question when in fact that gratuity is an option. Also, to ensure that large parties don't short the server who does give good service. Bottom line - does the restaurant want me to pay it? Yes. Do I have to pay it? No.

Most people see language like that and assume they have to pay. That is what the restaurant is counting on.

And IRS audit.

The "added" gratuity on large parties is a "service fee" and is reportable as income to the establishment. The IRS should descend on these fiends like a pack of wolves and audit them and all of their employees for the past five years. That will teach those morons.

The students should also sue the police and the town for false arrest. It is clearly a private contract (civil) matter rather than theft of services (criminal), and the evidence of this is the fact that the proprietor offered to negotiate the fees when the customers expressed dissatisfaction. It may be a present sale under the UCC, but even that can be rescinded (abrogated) by the conduct of the parties. The police violated clearly established Constitutional principles (the right to form a private contract) and will be liable in tort when this heads to court. I'm willing to bet that corporation counsel had a freakin' coronary when he heard what happened the next day.

With a smart lawyer, the students will go into the restaurant business on the former site of the Lehigh Pub.

The whole reason restaurants have mandatory tipping is because they refuse to pay their servers for the work they do. They fully expect you to subsidize their payroll.

Bill B.

Pennsylvania Code

§ 3926. Theft of services.
(a) Acquisition of services.--
(4) Where compensation for service is ordinarily paid immediately upon the rendering of such service, as in the case of hotels and restaurants, refusal to pay or absconding without payment or offer to pay gives rise to a presumption that the service was obtained by deception as to intention to pay.

(c) Grading.--
(1) An offense under this section constitutes a summary offense when the value of the services obtained or diverted is less than $50.

Note: this doesn't get to the actual merits of the case. But it's not like this situation wasn't contemplated by the legislature as being a criminal offense.

The question is, "what does that line mean?" I understand that you believe that "gratuity" means "no obligation" but there's just no way to interpret it that way in the context of what's on the menu. It's common sense that it means that "if you and 5 or more of your friends are eating here, we're tacking on a mandatory charge." Again, if it didn't mean that, why did the restaurant feel the need to put it there?

It's not a false ad: they told the customers that they were adding the charge and they did it.

It might be a breach of contract. But before I get into that, it can only be a breach of contract if we understand the contract to be "in exchange for food and service, you will be charged an 18% fee for service on top of your food charge." This is an entirely different argument than what you said before: that any mention of the word "gratuity" simply means that it's optional. In order for it to be a breach, it can't be optional.

The breach happens when the restaurant doesn't fulfill their end of the bargain: service. Technically, only a court can determine if there was breach. The students shouldn't have just left without paying what they've agreed to pay by staying there, ordering, and eating.

>>>it's a reach but filing a criminal complaint for failure to pay a tip is even a greater reach IMHO.

These facts seem to fit a theft of service charge. Calling the cops is a bit overboard, but it's certainly available to a restaurant when something like this happens.

>>>Cops don't know the law

You're telling me that a cop doesn't know what theft of service is? For that matter, you're telling me that there is no such charge that's applicable here?

>>>there could easily have been an anti-student bias at work here.

Or not. Where are you getting this from?

Then why do you think it's on the menu? What could possibly be the reason for them adding that line to the menu?

Contracts "can" be negotiated, but only if a party wants to get into contract negotiations. The restaurant doesn't need to accept any offers. Besides, if you want to get down into it, the line about the gratuity is, at best, an offer or, maybe, a request for offers (as advertising can sometimes be construed).

>>>it's not vandalism or destruction of property to write in it

I hope your joking.

And yes I realize there are people who say I shouldn't have screwed the waitress for the restaurants policy, but she is also the one benefiting from the policy in cases where people might only tip 15%. If she feels she's getting screwed by their policy then find another place to work, or talk to management about changing it.

On the other point, the menus, at least in a lot of the restaurants I've eaten in, have something on the menu indicating that a gratuity will be added for groups of X or more. First of all, that screws the waiter who would normally receive a 20% or greater tip. Second, it is clear that it is being calculated for convenience (whose I'm not sure) and is still a gratuity, not a mandatory service charge as is typical in Europe.

There's a lotta shit people don't know about the service industry, which is why I get so passionate during these "waitress/tips/suckage" articles.

I completely disagree. "gratuity" by itself might mean what you mean, but we socially understand that "18 percent gratuity added to check of parties of 6 of more" means that 18% of your bill will be added if you're in a party of 6 or more. If it meant "gratuity" the way you think about it, there would be no reason to explain it in the restaurant's terms. They might as well just apply the gratuity to any number. After all, if it's just optional in any situation, why print it there?

Besides, industry definitions and common sense (see above) factor in as much as any dictionary definition does: you can't just ignore those factors. A judge shouldn't either.

Well, yeah, but that's not what happened here. There were 6. They agreed to the charge when they proceeded to eat: it's a condition of eating at the restaurant. Arguing that the gratuity doesn't apply when only 5 people eat there is simply not applicable here.

>>>At the same time, I wonder whether the students couldn't file a criminal complaint against the restaurant for fraudulent advertising.

What was the fraudulent ad?

Lots of events can trigger civil and criminal matters.

And that was back when $2.13/hour was half of minimum wage! Now it's not even that, it's just an arbitrary number of pennies you get so that they can keep track of you in the HR system.

The merit of the arrest rests on the line "18 percent gratuity added to check of parties of 6 of more" which shows up on the menu and on the receipt. First, there is no indication that the accused saw or read the line on the menu. As far as the receipt, that is presented after the fact of ordering and consuption and has no legal basis.

A gratuity is defined as "an award (as for meritorious service) given without claim or obligation". Therefore the students were under no obligation to pay it.

Also the statement says that the 18% will be added to the check but it say NOTHING about it being mandatory to pay it. They could have just as well added free dessert or whatever.

A complaint should be filed against the police for false arrest. This is clearly a civil issue, not a criminal one. If the DA does not drop the case before the trial date, the Obama's comment in Penn. about "cling to guns or religion or antipathy to people who aren't like them " rings true.

@RvLeshrac: What are you smoking? "Why should the waiter bother coming by to check on your drinks if they aren't getting paid based on performance? "

Ummm.. Maybe for the same reason I do my job ..BECAUSE ITS YOUR JOB.

If I have to eat a meal with nothing to drink, not only may I stiff you on the tip but I will never come back and will likely tell everyone I know about the crappy experience i had at your restaurant.

I get decent customer service from lots of businesses without paying for it separately in cash.

Waiters and waitresses all seem to think there is some great art in taking an order, accurately communicating that order to the kitchen and carrying the order back to the table.

The whole idea of tipping has been perverted out of all reason by the industry. One of the biggest problems is tip sharing, where all tips are combined and doled out equally to all the servers. This undermines the entire idea of tipping for good service.

I don't get this if you go to a restaurant and when you get there the menu says if over 6 or more tip is on the check and you don't agree with this then don't eat there . in america tipping is expected if you don't like to tip or you don't have the money to THEN EAT AT HOME!!!!

@DangerMouth: The business still has to pay payroll taxes on the tips the employees receive.

If the police in this town is arresting people over $16.35 then either this is the most crime free town in the world or I believe my city is wasting my tax dollars and they should be after real criminals. I do believe that the students should've asked to speak to the management before not paying. It does irk me that you can get charged for services not rendered, but it was posted. There are adult channels to take though before refusing to pay. It sounds like the server should also be in another field if she can't do her job and I would definitely spread the word about this pub.

All of the above argument is contracts 101. Most likely, though, you would just report it to the news and never eat there again (which is what happened here).

As a strictly legal matter, I don't think that dictionary definition is enough to sway anybody. If I remember my contracts class correctly, common sense and industry standards should be considered as well.

You are just full of crap. Same argument as to why execs NEED their uber bonuses. Pay a fair wage, give a bonus (tip) when appropriate and business will still exist.

I agree that not having to worry about tipping is much more pleasant, though.

Another article I read on this said they did try to talk to the manager, who had agreed to comp some of the food, but then the bill didn't reflect it.

I imagine at that point, they were pretty fed up with the whole mess, and just wanted to leave.

And yes, in this case the menu said "required gratuity" and not "service fee." I think the case will get thrown out of court, and personally I wish judges had the ability to slap idiots who waste the court's time on things like this.

NYS has basically said that a Gratuity can not be mandatory unless there is a signed contract involved. A service fee can be demanded based on menu disclaimer, but not a gratuity. Mandatory gratuity is a contradiction in terms no matter how you slice it.

In the first case the restaurant settled out-of-court after the person countersued for libel and false arrest with a 10k donation to a charity. In the other a public apology was given.

The question is...are you required to pay this automatic gratuity?

I can't see this standing up in court, and frankly I hope the students at least take the restaurant to small claims court to recover the time and money they're going to spend defending themselves from a baseless case.

However will this now mean that restaurants will simply change the wording from "automatic gratuity" to "required fee" or something similar? Is it still fair to charge someone 18% more simply because they're part of a large group?

This is a delicate situation in the restaurant world. So many tables will stiff a server on "accident" when you have a big table and the check gets split. (Restaurant people know exactly what I'm talking about.) However, the mandatory tip on large parties is to ensure GOOD service. If a server has a large table they most likely doen't have many other tables, hence no very many opportunities for income (tips). All of a sudden servers don't want to take large parties or only greedy servers that spread themselves too thin.

I know it seems rediculous to people who haven't worked in the restaurant industry, but with turnover being so high, it is actually a good solution to a weird problem.

I agree with the students for not leaving a tip. Although, I would have liked to have them address the management instead of just leaving the total for the bill.

I am wondering though....how did the cops get there so fast? And why do cops care about this sort of thing?

@amberlink: I thnk you're looking for this one - a Yelp commenter posted it.

[www.nytimes.com]

If waiters/waitresses are crappy at their job, they would get fired. Just like any other job.

We ALL get paid based on performance.

Not a lot of sympathy for the bar here.

Of course, it does still say that only tips that don't count toward the tip credit can be pooled.

well said ludwigk. Sightly off-topic but might I add that if the servers do not like the decisions the business is making, they are free to be a server for another business. This is the nature of at-will employment.

@Telekinesis123: A commenter on Yelp brought up a point - there's already legal precedent that they did not break any laws:

[www.nytimes.com]

It looks to me as though the management took advantage of "college students". If it were someone my age, maybe they would have been more open-minded and would have known better than to call the cops. In fact, I would have encouraged them to call the cops because this is BS. There has to be more to this story because you cannot get arrested for not tipping. That is just plain ridiculous.

I'd submit for a chargeback with the credit card company.

I think tipping for service should be optional. But if you go to a place that clearly states on the menu that an automatic amount is added to the bill for parties of some many then you are basically agreeing to the charge. If you order an item off the menu that is clearly priced a certain amount and you do not like it you don't usually have the option of paying less than the listed price...bottom line is we should avoid places that charge this automatic service fee....

When the Lehigh Pub in Bethlehem goes out of business, they'll know how stupid they were. If I were the owner, the manager or whoever called police would be fired.

@heismanpat: I'm just trying to understand why only 2 people were arrested out of this party of 6. What happened to the other 4? Did 4 pay the gratuity and these 2 not pay? Did 4 leave and these 2 got stuck with the cops? Also, 18% of $73 is not $16.35. Was this just their share of the total bill? One of the stories circulating on this says that the manager offered to comp some of the meals, which makes me wonder why, if they were willing to comp some of the meals, they made an issue of 16 dollars.

Tips should never be required. The kids have got a case, I think.

"Something given voluntarily or beyond obligation, usually in response to or in anticipation of service."

Then there's the website that cites the (as of yet, then) unpublished decision in CA:

[forum.freeadvice.com]

Just because a restaurant puts in their menu doesn't make it enforceable. Matter of fact in NY, if you protest the gratuity being added, they take it off. More people are inclined to leave more, just the slimier places think that by adding it, that some customers won't realize that a tip was already automatically added and they add MORE so instead of the "mandatory" 18% now the restaurant is getting somewhere in the neighborhood of 35%.

I usually tip 18-20%, but he got his 15% and that was it. I left a note that he shortchanged himself. When we have the little one we tend to create more of a mess, so I have often gone to 25% to make up for it.

@wkm001: This isn't about not being able to afford to tip, this is about not wanting to tip for bad or non-existent service.

@Michael Belisle: The restaurant is calling it "mandatory", but the menu says something different:

~The menu clearly states, "18 percent gratuity added to check of parties of 6 of more," and a similar message is printed on receipts, a pub employee said this morning.~

To my way of thinking, that makes it a gratuity, which I am not mandated to pay.

@pecan 3.14159265: 5 can be (and often is) a single family with one person paying. When there are 6 (or 8, depending on the place) people that is usually a mixed group.

Not to say that is always the case, but it is a majority. Restaurants have learned that 6+ groups tend to under tip (or not tip) more often then 5-groups. I worked at a place that had it at 6, but we would not include it for single family units.

I think the worst I've seen is a tip jar at a Five Guys or Jimmy Johns.

@Difdi: That is not at all true. Not one word of it. And they can probably bill you the cost of the menu that you intentionally destroyed.

I don't know where you live, but where I live, we make damn sure to tip the people working at bars and restaurants because we fucking know that that's where their wage is coming from, instead of not tipping and taking out our frustrations on the industry on them.

And businesses do not DESERVE abuse, because their promotions were not well though out or due to printing errors etc. Ok, so lets call it what it is:
a drink minimum (which is what I called it in my post)
A Service charge( fine you are getting service by the waitress, and it is automatically charged).
What are you gonna do about it? Not come in? DONT. Do us all a favor.

I know that was poorly written, I just woke up.

If it's a buffet place, if they are just handling plates and your drinks, yes tip is warranted, but only maybe about 5% at the most.

@statgrad: Exactly. If it's required then it IS a fee.

@Difdi: MTE

@Oranges w/ Cheese has 2 cats! ahahaha.: When I get take out food I usually just round up, unless the bill comes to $xx.85 or something, in which case I'll toss in an extra buck.

I go to a lot of the same places to get takeout, and none of the employees appear to hate me, so I assume this is standard practice. My friends that have done their coffee shop time seem to think tossing the change in the tip jar is fine, unless someone has ordered a half dozen specialty drinks. At that point, they would like to be tipped like bartenders.

As we were all college students, we were not very well off, and this meant that the person paying did not have a lot of money to leave for a tip. They left what they could, and we didn't really care that it wasn't a lot because of the amazingly poor service (I usually tip at least 20%, for the record). We were then chased out of the restaurant by the owner and told never to come back.

Good times!

So I INSISTED with friends on paying the tab myself and not paying her a tip.

She bolted over to our table at the top of her lungs and said "SIR, I think you have miscalculated your tab!" and I replied, smiling "well, if you would like to bring me a calculator I will add it up right in front of you..." :)

I wasn't done with her - I asked for the manager on the way out, and LOUDLY listed out from A to Z so the whole restaurant could hear how she ruined our meal and we wouldn't be back...

A spy let me know she wasn't working there any more the next day.

Don't mess with paying customers you are supposed to serve who pay your salary.

"When you start adding restrictions and requirements on the discounted purchase, it gets awfully close to false advertising in my mind."
Everyone that walks thru that door knows before hand about the restrictions, it is written on all advertisements. No false advertising.

Give me a break.

I loved the UK when I was there. I learned to appreciate everything having a price as advertised in less than a week. Tax included in price takes the guesswork out of budgeting.

You can tell me there's a time limit on my table, then you get NO tip, and I won't leave until I'm good and ready either. You can call the manager and the police. If you want a table turnaround, talk to McDonalds, that's their business. In fact that's why they choose the colors they do inside their restaurants.

When I go out to eat, I'm prepared to tip for service and friendliness. I don't care about your problems, I care about mine. I'm going out to unwind, and being told I have a time limit to eat is not going to fly with me, anywhere.

@Ananelle: Wait, how can you be fired for not making sufficient tips? That seems incredibly shady.

@LastAndLeast: me too, I would think that profit and wages are already in the price. and $45 for grooming? I hope they were cutting hair, nails, shampooing, and I hate to say it....anal glands, they better be milking the gland for that. then maybe I'll tip.

@H3ion: First of all, when did 18% of $73 become $16.35, as indicated in the original story? But, I digress.

I really hope these kids win their day in court and set precedence for the rest of the industry. Of course, I'm sure we'll never hear the outcome of this case.

@El_Fez: In the days before ATM cards and such were so popular I recall a night out where friends and I had to go get our own refills and extra napkins. For some reason, I even remember the bar's name: The Boys of Brooklyn.

We left a tip of coins, arranged to spell out the word "TIP" on the table.

It was really quite bad that night. We had even asked for a menager and he never appeared.

On separate notes:

1. I am thrilled to see this place has been SLAMMED on yelp.com with hundreds of bad reviews since the story came out .

2. The victims need to hire the ACLU to sue this place for everything they are worth. Their freedom of speech was violated - because that is what a tip is - your feedback, and you have a RIGHT not to leave one. Restaurants cannot legally require them.

@DangerMouth: not income tax, sales tax.

@db4dbms:

There is no lower limit on theft charges in Pennsylvania. I have seen at least one person charged (she pleaded guilty, incidentally) for stealing two tootsie rolls.

That being said, if you can't afford a 20% tip on your meal, you shouldn't be going out to eat in the first place.

@jamar0303: I agree, this was not the case in Australia either (The only other country I have experience with)

The food seemed reasonably priced and the service was friendly.

@witeowl: when they saw that, they may have thought there would have been service. There was no service.

It's like getting an oil change and paying full price to later find out they didn't change out the filter.

You already signed up for something and didn't get what was promised. Ok, maybe good service isn't promised but if they're adding 18%....it sure as hell is expected.

@BCMHGB: Maybe the $20 steak would turn into a $60 steak if bistromathics were involved. But if wages were kept at their current level for waitstaff and tipping was eliminated, the math would seem to suggest that the cost of the iems would rise by the average tipping percentage. So the $20 steak should, in thoery, become a $23-$25 steak.

Any lawyer worth his salt will rat the restaurant out to the IRS for putting a taxable item on the bill and not collecting taxes for it... :^)

Unless, of course, services aren't taxable there. Where I am, tips *are* taxable, both income and sales tax, although I don't know how the waiters pay the taxes (I expect they ignore the sales taxes on the tips and just pay the income tax).

If you're in customer service and one set of crappy customers (from the point of view of the server that doesn't get it) ruins your day, you're, quite simply, in the wrong job. You deserve to spend the day fuming and tipless, so that you either have the point driven home (ie: You suck at your job and need to get better), or get fired by the manager when he has to comp your wages.

Yes. It should have been "left at that." It wasn't. That's why people are upset.

Enlighten us. What do you think "really" happened?

@Mecharine: You deal with it the way you deal with poor service from retail establishments, telcos, etc - you complain to management and, if necessary, take your business elsewhere. There's no shortage of restaurants and bars, ferchrissakes.

The argument that getting rid of tipping will somehow make dining out service free holds no water with me. My former-chef boyfriend and I spent a summer living in Ireland and visited other countries while we were in the vicinity. There was just as much variation in service as you see in the states. At least there we knew that the price we were paying on the menu was close to the actual price of the meal.

@katia802: and that right there is a "breach of contract" by the restaurant. you can't charge me for a contract if I have to go fill my own drinks.

i tip 10 to 15% for decent service and %20 - 30% for excellent service. terrible gets pennies, but you have to be really bad for that, like the guy chatting up the clearly under age girls in the booth behind us, for a long time before getting my wife her coffee. he got a penny.

@madtube: I'd worry about anyone who entrusts their dogs with her. I can only imagine how neglectful (or even vicious) she'd be to somebody's dog if the client didn't pay the amount she "expects" - announced or not.

Brilliant.

I would have complained to the manager before I left the 'mandatory' tip off...we don't know if they did that or not.

Either way I won't be eating there, and me thinks the bad publicity they're getting will shut them down.

@witeowl: Good luck finding places that don't automatically add on gratuity for "large" parties in many places.

The distiction between "gratuity" and "service fee" isn't trivial.

Actually, last time we went out, the server took my husband's meal off the bill because our food took a little longer than usual. We didn't really notice the wait, just assumed it was because they were really busy. Since we were planning on paying for it already, we just included the cost of the meal in her tip.

Who committed "theft" here?
snipped from
[www.lehighvalleylive.com]

There also seems to be some confusion as to if there was food comped in response to complaints.

I wonder if they comped something in a way that it wasn't deducted from the gratuity. If they were so busy they couldn't get a salad and some wings out in under an hour, I'm willing to bet the students looked at it and said f this and refused to pay it rather than wait for them to get their "stuff" together and fix it.

The fact the amount charged was more than the "posted mandatory" will destroy their case.

I'm sorry but if the only stated rule is that wings are 20 cents you're not gaming the system by ordering the wings at 20 cents - you're getting exactly what is being advertised.
Same goes for the system now where they say you must order dirnks and pay a gratuity - you are doing exactly what is being asked to get the 20 cent wings.

@SonicMan: That is exactly what I was thinking. If you read the statement "an 18 percent gratuity will be added to the check of parties of 6 of more" in plain English, it says that an 18% optional charge for good service will be added to your check if there are at least 6 people in your party. If gratuity means optional by definition, then not paying it isn't a crime. If it were worded differently, something like "an 18 percent service fee will be added to the check of parties of 6 of more"

Any lawyer worth his salt will successfully argue this point in court. The language isn't even vague, it's pretty clear. If the owner's INTENT or MEANING of the word differs, that is not the client's problem.

I've gotten a couple waitresses fired before, oddly enough, from the same restaurant. The first time, I was breastfeeding my baby in the bathroom. One of the servers walked in, used the facilities, and walked out without washing her hands. The second time, I think my family just drove the server crazy.

@RvLeshrac: "Why should the waiter bother coming by to check on your drinks if they aren't getting paid based on performance?"

For the same reason I do my job. If they don't do it right, they get fired.

@BCMHGB: they could still charge less than $60 for a steak. they're still making plenty of money of us and the staff.

@treimel:
Now I remember--ordering a restaurant meal is a "present sale" contract, which is treated very differently from a normal bilateral executory contrac, which is what you describet. In essence, in a present sale contract, the agreement is consummated not by mutual promisess of performance, nor by the delivery of the goods and/or services predicated on the promise of performance by the buyer (here, a promise to pay), but rather the only way to form the contractual relationship is the *completion* of the sale, just as it is when you buy a retail item at a cash register--there is no exchange of promises, or bargaining to create a meeting of the minds, rather the sales contrect emerges from the sale itself. It's now codified as a UCC contract, but the principle of a sales contract predates the UCC.

The best solution would have been to get up and go to another establishment once they saw the automatic gratuity listed on the menu. Of course, it's one thing to just vow to never return to a place that has mandatory tipping (as I do), and it's an entirely different thing to actually get up before ordering and go elsewhere.

@Zeratul010:

Well, my contract class was along time ago, but, no , you are almost certrainly *not* entering into any contract when you order a meal in arestaurant; it's treated as a retail purchase--there are generally no offers or counter-offers.

@petermv: Being in the UK, I don't expect you to know this (although I do expect it from the US posters) - courtesy the Department of Labor:

According to the Fair Labor Standards Act, tipped employees are individuals engaged in occupations in which they customarily and regularly receive more than $30 a month in tips. The employer may consider tips as part of wages, but the employer must pay at least $2.13 an hour in direct wages.

An employer may credit a portion of a tipped employee's tips against the federal minimum wage of $7.25 per hour effective July 24, 2009. An employer must pay at least $2.13 per hour. However, if an employee's tips combined with the employer's wage of $2.13 per hour do not equal the hourly minimum wage, the employer is required to make up the difference.

The employer who elects to use the tip credit provision must inform the employee in advance and must be able to show that the employee receives at least the applicable minimum wage (see above) when direct wages and the tip credit allowance are combined. If an employee's tips combined with the employer's direct wages of at least $2.13 an hour do not equal the minimum hourly wage, the employer must make up the difference. Also, employees must retain all of their tips, except to the extent that they participate in a valid tip pooling or sharing arrangement.

[www.dol.gov]

What they should have done is called over the manager about the reprehensible service they got and demanded a reduced charge (some free drinks etc) on the bill. Or, a different waitstaff person. When they went to the bar and personally got refills though, red flags should have gone up all over that place.

it just said gratuity added to the bill.

They added a fee to the bill that is VOLUNTARY.
What the bar is saying then, that for partys of 6 or more, we are adding a VOLUNTARY fee to the bill.

Defined gratuity "something given voluntarily or beyond obligation usually for some service"

@Toffeecake: From what I read in the article, the customers had to get their own drink refills from the bar, scout around the dining room to get their own napkins and silverware, and wait over an hour for their order. When they paid, they refused to pay the gratuity and complained to the manager. Police were then called and it was treated as a dine and dash. The opinion of the writer was that the charges would not hold up. My opinion, they should have cancelled the order and walked soon as they had to get their own drinks.

Secondly, by requiring a tip there is no incentive for the server to offer good service. Waiting tables well is hard work. But if you have guaranteed money coming from one table it is only human nature to slack a little. I'm sure there will be arguments against this but only comment/reply if you have actually waited tables.

Tip... Definition: give a tip or gratuity to in return for a service, beyond the compensation agreed on; "Remember to tip the waiter"; "fee the steward"

Mandatory Tip... Definition: A tax levied on customers/clients to subsidize or pay in full the wages of employees. Alternately, a scam by scumbag employers to scoop more cash out of the pockets of their clients in the guise of rewarding "good service". Alternately, A tax levied on customers/clients to subsidize or pay in full the wages of employees who no longer have any incentive to actually provide decent service to the client.

Making a "tip" mandatory ensures that service is optional.

"18 percent gratuity added to check of parties of 6 of more"

Is what the story stated.

So the bar was basically saying that they are adding an optional 18% fee on to the check.

[www.merriam-webster.com]
It is defined as "something given voluntarily or beyond obligation usually for some service"

The kids were not ini the wrong here, the bar added something OPTIONAL to the check.

@El_Fez: And then you make the dining experience hellish for the people the waiter gets next time. We were on the receiving end of one of these upset waiters. Fortunately for us, he was actually an awesome waiter who had gotten a crappy group of teens, and teens are notoriously crappy tippers.

@orange20854: if you leave nothing they may believe you just forgot. if you leave a couple pennies they know they were shitty and will do better next time.

@H3ion: Honestly, what makes 6 the tipping point? If you have five people, you're still taking up two or three tables or one large table. Unless we're talking about a Japanese steakhouse style or German brauthouse/beerhouse style type of seating where they have one large table for multiple people, I don't see why 6 is really any more trouble than 5.

@Ananelle: Yep, us 20somethings are adults who have either worked in low wage jobs, are working in low wage jobs. But at least we're mature enough to tip properly.

@Oranges w/ Cheese has 2 cats! ahahaha.: When it's food, and I'm picking it up, I feel bad if I'm a regular and I don't tip. I'm not a bad tipper, and I would hate to be known as one. I did tip about 17% yesterday at my salon because it was my first time there, and she did such a good job. I was very unsatisfied at the last salon I went to, and this one was very good. I'll go back again, and I'm probably going to write a review on Yelp at some point. But I like rewarding good service.

@heismanpat:

Theft of services, and yes, it is a crime. If it was made clear on the menu that the service charge wasn't optional, then leaving without paying it is no different than leaving without paying a part of the bill at any restaurant.

Disclaimer: I have never been stiffed on a tip and the only person who ever complained about my service was a woman who felt it totally acceptable to smack her kid in the head 3 times during the dinner and call her husband a bitch in front of the whole restaurant.

So, no. I wouldn't expect you to tip every time. It's just about service, plain and simple.

The other day I took my wife and family to the Melting Pot for her birthday. The bill at the end of the night came out to be $225 after a $25 coupon for a free desert. My party consisted of only 5 people, 2 of which were children. They charged me a 20% gratuity for that visit. Now, granted we were there for 2 hours, only because of the way their restaurant experience is setup. Meals come in courses and it takes a while for the customer to go through the courses. None the less, that waitress made $20 an hour on our table and because the restaurant is fondue, we cooked our own food (again part of the experience).

Give me a break...

@BCMHGB: Adding gratuity on the check doesn't magically triple the cost of your food.

If gratuity is optional (which it is if it isn't on the check) this arrest was unlawful.

What really drives me crazy are places that point out how much to tip when asking for a price quote. I recently moved and was looking for a dog groomer. At one establishment, the lady told me "The price is 45 plus the tip. That is usually 15." I asked if that was 15 percent and she laughed and said that it was the amount! That is a 33% percent tip and she gave me the perception that it was required. That was more than double what I had been paying for years in Florida.

Needless to say, they will not be receiving my business. I went so far as to build a grooming station in my house and am doing it myself. I also know how my dogs will be treated when I do it. I have seen some places that treat the dogs harsh even if the dog did nothing wrong.

It is a big problem when a group of 8 occupies three of your tables for two hours, runs your legs off, then only leaves you 6% because they feel like what they left you is a "lot of money."

Personally, in the case of the mandatory gratuity (which no, I don't have a problem with, thanks to years of being stiffed by large parties) I think it shouldn't even appear on the bill as a line item. Here is your total, service fee included, gratuity not necessary. It removes the option of stiffing the waitstaff. Personally I'd be all for adding a minimum 10% service charge to all bills, and you can tip more than that if you want...but the people who make a science out of tipping (I give $2 if my butters are all stacked neatly facing west) ae obnoxious, and it's because of them and large parties that this stuff should be done.

It will be interesting to see the outcome of the court case. It could help decide the fate of mandatory tipping.

It would inject a degree of honesty into the situation for the wait-staff, the diners (i.e. the public at large) and especially the restaurant owners.

@jarhead906: I didn't say it was a 1:1 ratio. Some broke students (or insensitive or unaware) don't tip.

@Telekinesis123: If it were my call, yes. Unfortunately, the budget-conscious student goes toward PBR and Natty Light. In my day, it was "Beer" and "Light Beer" in a white can with bold black lettering.

One of the provisions for paying them as a tipped employee is that they keep all tips.

They also do all the above, coming by the table, checking to see if you want something else, we also don;t have time limits and don't have the check tossed onto the table until we ask for it.

Get real.

However, this situation does not warrant an arrest. There was no theft of service, just "theft" of income for the server (who should be fired).

If it's a matter of a contract then it would be a civil tort and not a criminal offence.

@RvLeshrac: And yet, in countries without this mandatory tip, you see nothing of the sort. At least, not where I live. Heck, food here is sometimes cheaper than in America.

Not according to the Oxford American Dictionary that I consulted in the post you're responding to, so obviously this statement is false.

Is the restaurant paying taxes on the bill, or are they committing tax evasion on a portion of it?

Neither. Tips and reasonable mandatory charges are not included in sales receipts and aren't subject to sales tax, as long as they are properly documented and the entire amount is dispersed to the employees who provided the service.

They are, however, considered income. Hence the employee who receives the disbursement should be paying individual income tax on the earnings.

Which is why I will never eat at a place that forces that on you. I tip based on quality of service provided. I have even personally tipped the cook before. If you as a restaurant is trying to force me to tip a certain amount, I just won't do any business with you. Otherwise they can just give you bad service and still get the same amount which in itself is atrocious.

Maybe I am old-fashioned, but a person shouldn't get more than they deserve. Also, one must prove their worth, not have it set in stone.

If a restaurant makes tipping mandatory, then it's part of the cost of the meal, and they should also have to charge taxes on it. I think that might make more people take notice...

I NEVER tip bad waiters or waitresses, with the hope that they will quit and be replaced by somneone who is good and actually cares about QoS.

If this make me sound harsh, I am not: I an an understanding, agreeable customer. If there are delays in the kitchen, and I am told - that's OK. I have worked in and owned restaurants, I know that these things happen. I don't ask for much, but it is depressing hopw often I don't even get that.

As for payscale: A good waiter or waitress will make a good amount of tip and a decent living out of this hard work. What mandatory tipping means is that the lousy slackers now have no incentive whatsoever to be good.

Eventually - clients do not come back. THe restaurant starts making less money, then closes. And the GOOD staff lose their jobs along the bad ones.

@BCMHGB:

Most people don't seem to comprehend that they'd *NEVER* be able to afford to eat out if waitstaff were paid well, and at the least would rarely (if ever) get anything even approaching decent service.

Why should the waiter bother coming by to check on your drinks if they aren't getting paid based on performance? They can see you just fine from across the room.

You'd also start seeing time-limits at far more than just the fanciest restaurants. You want to sit there and yammer on after you eat? Too freaking bad, we need to turn tables around, FAST, so we can make enough money to pay the staff.

All that assumes, of course, that restaurants wouldn't just go completely self-serve. Cooks, busboys, and a bartender is all that you'd need to run a restaurant, and millions of people would be starving on the street.

@t0ph:

If you're not making *GOOD* money as a waiter, you're doing it wrong. Find a new restaurant (or learn the fine art of turning tables).

Friend of mine used to tell me the waiters at a Mellow Mushroom here would whine about "only" making $500+ in tips during the week. That's what was left *after* tipping out to the kitchen, mind.

Of special interest: In Georgia (at least), it is illegal to verbally solicit a tip.

Also of special interest: The "X% Gratuity will be added to parties of Y or more" has less to do with your specific waiter than it has to do with the additional work often required by waitstaff and cleaning crews to clean up after a larger group of people. Small groups of diners tend to clean up after themselves, for the most part, but larger groups frequently *destroy* their table and the surrounding area.

One of my worst was a $50 tip on a $750 check for a party of about 15 people. The guy who paid was a regular of mine, who usually tipped well, and continued to request me as a server afterward. After required share to the bartender, busser, and hostess (based on sales, not tip received), I took less than $15. It was unfortunate, but it was the nature of the business I was in, and over time, the good balanced out the bad.

Still, situations like that make me understand why it's policy to add a set percentage for large parties. I think the thresholds should be a little higher (10 people), the percentage should be a little lower (15% with option for customer to add more) and it should be listed as a "service charge" so there's no confusion as to whether or not it's required.

Also, for all those pedantically hauling out the dictionary for the precise definition of 'gratuity', it's pretty common to see the wording "an x% service charge will be added to all parties of y or more". I'm not sure I've ever seen the term 'gratuity used when they were telling you you *had* to pay it. just sayin.

@ludwigk: +1 The whole "But the business isn't making any money on it" argument carries no weight with me. I'm not going to be cajoled into paying extra because I feel bad for the poor little business's bottom line. It's not my responsibility to worry about whether or not a business is making money on advertised prices or services. That's their job. My job is to take care of my own bottom line, make use of sales when they happen, etc. When someone says "oh, you should buy accessories for this TV, because we sell it at cost, and we have to make money somewhere..." not my problem. As for the issue at hand, 6 people isn't exactly a "party" at a pub, and 18% gratuity is excessive for the service I get at most restaurants anyways. Even if it was mandatory, it should at the very least be negotiable based on exceptionally poor service, as it seems to be in this case. The fact that the police were called in, and actually arrested them shows poor judgement at best, and a review of common sense and sensibility.

The biz itself doesn't get that money, why should they pay tax on it? It would be different if a service charge was added to the bill and the FOH staff was paid a decent wage, but that it not currently the case in the US.

I know that my local Buffalo Wild Wings has a small sticker on the back of the menu (barely legible) with a gratuity notification for large parties.

I mean, it's not like you signed a legal document or something. That's like me sending you some of my books with an enveloper and return address telling you that they cost $3 each and I expect payment by a month.

I would walk right out of the joint too.

I'm a college student and I paid a Jimmy John's delivery guy a $5 tip for no reason at all.

I think alot of the hospitality industry relies on ' the tip ' a little too much . If you want guaranteed service perhaps the price of the menu should reflect a 12 dollar an hour wait staff .

What I can't stand are the tip cups at places like Dunkin Donuts or 7-11 . And I have given tips at places like BK or Mickey Ds with no tip cup . Begging , asking for or explaining how you are paid is just rude and ignorant .

If we've got to have this stupid system of giving money to wait staff to reward the service they've provided, then we should be allowed to do exactly that.

@Telekinesis123: I understand the staff feeling as though they were robbed but how they make money is definately not police business . If the wait staff wants to pull the law book out fine let them swear in court they never took unreported cash tips not on the bill .

I don't think the police were bullies but just responding to a complaint . It should have been a citation at most . I think shoplifters can't even arrested unless it's over 100$ or something .

I understand that in the restaurant business that the wait staff relies heavily on tips but a tip is an optional gift by the customer: it's a privilege and not an entitlement .

I will say the customers involved seemed kind of spoiled yuppyish and very well might have been running an ignorant scam which is unfortunate for the wait staff . If the food was slow in coming that's a kitchen problem as much as it is a service problem . I think the service staff was just an easy target .

Perhaps they are treating this as a contract matter, in that the menu and receipt state that 18% gratuity is added to parties of 6 or more.

When you say "people don't realize that it is a business," you should include that the *business itself* doesn't realize that it is a business. If they can't make money by having $.20 wings, then they shouldn't do it. If they are trying to motivate a particular result, they need to accept that they are not always going to get it, or they need to change the nature of the bargain. Sounds like they wised up, but any 'abuse' they suffered before that is simply their own fault. They may not like me buying just $2 of wings, but if the bargain is "$.2 wings," and 10 wings is precisely what I want, why would I order anything else?

If the low ticket values screws over tipped employees, again, that is *the business* screwing over the employees, not the customer. Customers are not obligated to buy stuff they don't want to maintain an average dollar sale that the wait staff expects. That is not the customer's problem.

If drinks are required, that's a drink minimum. If gratuity is added to all checks, it's not gratuity, its a fee. If that's working now, if that is the bargain that they wanted, that's what it should have been from the beginning, not the problematic 10 cent wings that are imminently abusable, for which they only have themselves to blame.

I think you are correct, but that isn't exactly what happened. They offered (counter-offered in legalese) to pay the check without the gratuity. That offer was accepted by the restaurant. Then they called the cops.

Americans want cheap food. The system that exists works. Forced gratuity should only be used for private parties/catering events. Not for a "group of 6 or more." It is horseshit to FORCE people to pay for bad service.

Oh and do not tip poorly because the food was crappy. Did your server actually prepare the dish? No? Ok, tip accordingly. Don't be a dick.

[www.yelp.com]

The Warren County district attorney, Kathleen B. Hogan, said that she had determined that the man, Humberto A. Taveras, could not be forced to pay a gratuity.

Ms. Hogan said, "A tip or gratuity is discretionary, and that's what the courts have found."

But the dispute over a tip of a few dollars still cost Mr. Taveras, 41, of Roslyn Heights, several hundred dollars in legal fees.

Before that, they had people ordering $2 of wings, drinking water and not tipping. Because people don't realize that it is a business, instead they think it is a system to game and the people working there are all slaves.

tip n. a sum of money given to someone as a reward for their services.

gra•tu•i•ty n. money given in return for some service or favor

@Toffeecake: Well Judge Greg Mathis would exclaim that the restaurant hired a bunch of dope fiends and awarded the students punitive damages.

I have been actually chased down in Tokyo by waiters/waitresses for leaving a tip behind when I left the restaurant.

They gave the tip back. Gratuity is bullshit.

If so then when they sat down and ordered they agreed to that automatically added gratuity. And since it is added to the bill, then when they didn't pay the gratuity they didn't pay the entire bill. They essentially ran out on part of the bill.

I don't agree with automatic gratuities. But when you agree to them, then you must pay them.
If the service was that bad then it was their responsibility to speak with the manager and work it out with him. Not decide not to pay and walk out on part of their bill.

I don't see a problem with leaving a crappy tip if the service justifies it. I mean, the service has to be REAL bad, to the point of deliberately bad, before I'd leave a tip like that. But leaving no tip is justified. I get that waiters and waitresses don't even make minimum wage, but that isn't a secret. If you get into that line of work, you know what you're getting into. Tips shouldn't be expected or minimum. You should get a good tip if you did a good job, that's how I operate.

@UGAdawg: If I got bad service like that I would want THEM to pay ME!

@gmxperry: I'm still learning contract law, so my analysis may not be dead on. As I see it, the offer is made to the patrons when they order - they get to eat X food in exchange for paying Y price listed. They accept the restaurant's offer by placing their order. The restaurant then performs their side of the contract by supplying the food. The patrons are then obligated to uphold their end of the contract, and pay for the meal.

A counter-offer in this case would've been "Hey, this item is a bit expensive - can I pay two dollars under Y?" If the restaurant made it clear that a party over 6 would have to pay a mandatory tip, that was part of the restaurant's initial offer. The language on the notices may get the restaurant into trouble there - "18 percent gratuity added to check of parties of 6 of more" isn't specific as to whether said gratuity is mandatory.

(Caveats: I don't know Pennsylvania statutes or case law. They may have had cases already that put this matter to rest. They may not have, however, which would be cool for the lawyer who gets the case. Also, if the students were arrested, that's a criminal matter - haven't gotten to study that yet, but different criminal statutes may change what was required of the students.)

I hope the students involved can get enough of their fellow students to picket and boycott the restaurant. When sales go through the floor, the restaurant may think twice about imposing a "mandatory" charge for crappy service and then making a criminal case out of it. At the same time, I wonder whether the students couldn't file a criminal complaint against the restaurant for fraudulent advertising.

She also had the nerve to open up the tab book and look in it as soon as we handed it to her, before we had even gotten up from the table. The look on her face was priceless; she bolted to the kitchen until we had gone.

Which sorta confuses me as to why they were arrested. Like someone said above, this sounds like a civil matter, not a criminal matter. They didn't actually commit a crime, they just didn't honor their end of a contract. Eh, I dunno, law iz hard

Your dad pays a dollar to complain about bad service?

If this were any other kind of product or service, would you write it off as acceptable for them to charge you full price for the service delivered while not providing the service that you paid for? Why the double-standard for waitstaff?

When my grandmother receives bad service, she calls over the manager and explains to him why she's not leaving a tip.

And then she tells the kids to get off her lawn!

Is this not the case? I mean, correct me if I'm wrong, but I do watch a lot of People's Court...

I have a feeling there is more to the story.

I also have a feeling that alcohol was involved somehow.

They should have left a note on the bill - WILL NOT PAY TIP, TERRIBLE SERVICE. This way the place knows there was bad service. However, if the menu and bill clearly say a tip is automatic on larger groups, they are going to be assumed to have agreed to those terms by eating there, and so will probably be legally on the hook for this.

As long as there are college students, there will be upset waitresses getting stiffed on a tip.

After all, there is beer to be bought.

NO! Leaving a dime, or penny, or tiny amount of change is the WORST thing you can do. If you unhappy with the service, and really feel as though it warranted no gratuity, you should leave nothing. Period. Leave nothing, but before you leave, inform the manager that you have decided to leave no gratuity because the service was terrible.

That way, you aren't a jerk, and you have justified your decision.

Just another example of uneducated police bullying honest citizens.

Is this bad? I just feel that I'm doing most of the work over the cost of the meal.

However, I did give my hairstylist a nice $5 tip because she gave me a free shampoo the other day (on a $13 cut)

And I'd continue with that since it's not really a tip/gratuity, but more of a 'service charge' then couldn't it be argued that these restaurants are engaging in false-advertising?

However, I hardly see how this is a crime so long as they paid what was quoted on their bill. If they had left a dime would that have been enough to satisfy the police?

Brilliant!

Them being arrested for this is completely ridiculous. I realise that it said that it would be added to the bill, but it sounds like they didn't even receive any service at all. I'm surprised that the police officer actually arrested them.