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I worked in the restaurant business for years as a kid and generally everywhere I worked mandatory gratuity kicked in for a party of 8 or more never 5, that seems low but I guess any restaurant can chose what constitutes a large party.

I would usually fight for parties of 8 or larger just because I knew if they liked my service I would usually get a monster tip because they would tip on top of the 15-20% already expected of them.

That's what I was thinking. 5 seems very low. I've seen 6...but most of the time it's 7 or 8. Sounds like the restaurant is trying to stick it to the patrons. We live in Houston I knowing this...I would not visit this place. I have three kids...and so we would have a party of 5.

that being said...I know some states have said (I don't know about Texas) that the "mandatory gratuity" is not legally binding...and if patrons really wanting to have push come to shove...they would win.

You CANNOT legally charge someone gratuity. Now...you could charge them a convenience fee...or call it something else...but you can't make them tip...and many states have said this...its just that most patrons won't fight the issue.