From what I understand the gratuity charge was posted on the menu. What they did is tantamount to saying "Even though your price for the steak was 22 dollars on the menu, I thought it was a poor quality piece of meat so I am only giving you 15 dollars for it".
Fail on both sides' part however.
Sounds like the restaurant will lose more from the bad publicity than if they had just accepted that they were off that night and let the patrons have there way.
I think the whole tipping system is stupid. Just charge more for meals, and pay waiters/waitresses better. Is it really that hard? No "expected" tipping. No "mandatory" tipping. No peeved off workers that just got stiffed.
Why should I tip more on an $80 bottle of wine than a $20 bottle of wine?
The system is stupid, however, the law's the law, and bad things happen to those who don't follow it.
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I am guessing that the publicity is not good for business.
I'd imagine there are two sides to this story. An overworked and understaffed restaurant and alcohol-fueled and p-o'ed customers are not a good mix. One would certainly hope it could have been worked out between the two parties.
However, I can't imagine a restaurant manager calling the police in for something like this. He is just slitting his own throat showing that he can't manage the situation and also killing the restaurant with horribly bad publicity.
The proverbial lose-lose situation. Remind me not to go there.
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As they should be. I hope they get charged and convicted.
It definitely should be interesting if they get a lawyer. I would argue that, if they used the language "gratuity," which is used to mean an amount paid as a gift or reward without obligation, I think it would be fair for customers to assume they could refuse to pay it if service stunk. If the 18% is required, it would be better for the restaurant to call it a surcharge.
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Reminds of my freshman year of college. Anyone who didn't tip was treated to "special" food on their next visit. Tip or get stuff done to your food. It's that simple
There isn't an elected judge on the planet with an ounce of common sense who will convict these people.
And, for that matter, were this a case on my docket, the judge would never even get that chance because I would decline to prosecute. Even if the gratuity situation is spelled out on the menu, no one should get a criminal charge for withholding a tip for bad service.
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Here's a precedent from New York
http://www.nytimes.com/2004/09/15/ny...pper.html?_r=2
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I think the people who didnt pay are just pathetic. You go to the place, you likely know that you are going to have it added on and then you refuse to pay after the meal is over. Maybe I'm crazy but I think its pretty reasonable to expect the customer to have some responsibility.
Last edited by GIDP; 11-20-2009 at 02:57 PM.
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