Posted on 09/13/2004 9:55:48 AM PDT by wmichgrad
(AP) A New York City man accused of leaving an inadequate tip at a restaurant was arrested, fingerprinted and photographed for a mug shot.
Humberto A. Taveras, 41, faces a misdemeanor charge of theft of services after he and his fellow diners argued with Soprano's Italian and American Grill managers over the legality of requiring an 18 percent tip for large parties.
"They chased us down like a bunch of criminals," Taveras said. "It killed our weekend."
Taveras and eight others had pizza at the restaurant in this resort village Sunday night. He told the Glens Falls Post-Star they weren't completely satisfied with the food and left a tip of under 10 percent. Taveras said they also were not told of a mandatory 18 percent gratuity for parties of six or more and did not see notice of it on their menus.
Restaurant owner Joe Soprano said all the menus have the notice, and the waitress informed the group. He said he did not choose to pursue charges because of the money, but because Taveras' group was obnoxious.
"It's unfortunate it has come to this, but this guy was rude and abrasive. They practically threw food at us," Soprano said.
Taveras plans to fight the charge. He was issued an appearance ticket and was scheduled to appear in town court Thursday.
The arrest raises the issue of whether the gratuities that restaurants automatically tack on for serving large groups are legally enforceable debts.
Warren County Sheriff Larry Cleveland said he did not believe the issue had been litigated before in New York. He said the case could turn on whether the person is notified of the tip requirement beforehand.
"It's not a black-and-white issue," Cleveland said. "It will be very interesting to see where it goes in court."
Bloomberg's Nu Yawk.
Was the diner's name John Kerry?
I read an article once that said he stiffed a poor waitress on a $150 lunch tab.
AP?
No thanks, I'll pass.
AC
AP?
No thanks, I'll pass.
AC
This reminds me of the episode of The Sopranos where they stiff the waiter for the tip on a $1200 tab and end up shooting him.
Taveras could have taken his business elsewhere if he didn't feel like paying the 18% "service charge".
i saw this earlier. people ought to know how they treat trourists in NY - especially the tourists - so that they can make betterdecisions as to where to go.
a tip is voluntary - by definition. else it's vig.
Sounds like a Clinton lunch. Didn't she stiff a couple of restaurants upstate when she was running for Senator?
this IS a see-bs story...the menu could have been forged!
So a tip is no longer a tip. It is a surcharge.
The guy is from NYV but this happened in the Lake George area in upstate NY.
NYC that is.
Wow.
Since I have a large family, 7 of us, many resort areas tack this onto the bill.
In some places it is obvious that the wait staff knows that they have a guaranteed tip amount and the service sucks.
Smaller groups can base their tip on performance, the waitresses slouch on the large groups.
What really pi**ed me off in VA Beach, was that the 18% that was added to the bill ALSO had SALES TAX on the tip amount too.
The law in Virginia says the tax is to be collected on the entire printed total of the bill - with groups here of 5 or more that bill included the 18% tip.
Have a family with two kids - pay normal taxes
Have a family with 3 or more kids and pay extra taxes
Sounds like anti-family taxation to me!!!
not a real advertisement :)
Bingo. We now avoid these places that surcharge the large families
Don't mess with the Sopranos. Haven't you seen their show on HBO? Just pay the tip.
This sounds like it will hinge on the judge's decision. IMO, if the customer paid the tab (but not the requisite tip),a charge of "theft of services" is not applicable. Mandatory tips in restaurants are, IMO, a violation of the customer's right to determine the appropriate amount of a tip based on the service they receive.
By the same token, a statement in a menu may not constitute sufficient informed consent to the additional charge if the customer did not see the note.
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