Posted on 11/10/2004 12:29:27 PM PST by billorites
A $2 tip on a $77 restaurant bill may be cheap, but it isn’t criminal. So says a New York state district attorney, who declined to press charges against a man who refused to leave a restaurant’s required gratuity of 18 percent for large parties.
Humberto A. Taveras’ arrest on Sept. 5 came under New York’s theft of services law, which carries misdemeanor charges. With a party of eight, the Long Island man dined at Soprano’s Italian and American Grill, a Lake George, N.Y., restaurant that applied the tip policy to parties of six or more.
(Ironically, The Sopranos, HBO’s television series, had a recent episode involving a dispute over a gratuity for a large party of mobsters. That dispute ended in the macabre, with the waiter being killed in the argument.)
Ultimately, the case boiled down to language. Soprano’s restaurant described the policy on its menu as a "gratuity," which by definition means "discretion," says Kathleen B. Hogan, the district attorney of Warren County, who ultimately decided to drop charges against Taveras.
She mentions a Southern District of Indiana ruling in which a judge found that a tip or gratuity was strictly within the customer’s discretion and payment could not be forced. U.S. v. Indianapolis Athletic Club, IP90-1783C.
Had the service been written as a surcharge rather than a gratuity, Hogan probably would have prosecuted the case.
"It really did turn on the word," she says, adding that under restaurant policy, the tip should have been nearly $14. "It’s not like they didn’t leave any tip. They just left a smaller tip than you would want."
That’s for sure, say attorneys who represent the restaurant industry. On average, those interviewed for this article say they tip at least 20 percent.
"The whole reason so many restaurants do have notice is because this historically is a problem," says R. Rogge Dunn, a Dallas lawyer and former pizza restaurant assistant manager. "You get a large group that splits the tab, and some people are chintzy on the amount they’re going to leave."
Al DeNapoli, a Boston lawyer who represents the hospitality industry, says this is the first time he’s heard of someone being arrested for poor tipping.
"I’m surprised it was pushed this far, but there are people who are bad tippers all the time," he says. "Whether this is the case here, I don’t know."
Hogan says Taveras was unhappy with the service and said it did not warrant an 18 percent tip.
DeNapoli, who waited tables as a law student, says that not tipping, even when service is bad, may not be the best solution for disgruntled diners. Servers’ salaries depend on tips, he says, and they often share the money with busboys and dishwashers. Instead, DeNapoli advises you to speak with management about the situation or to "talk with your feet" and stop patronizing the restaurant.
Having someone arrested for poor tipping may also not be the best solution, even if it’s a fantasy scenario of many servers.
"You might have a decent civil suit against them, but whatever you would win in that case would be far outweighed by the adverse publicity," Dunn says. "My advice would be to look at the bottom line, and let it go."
Lake George is a resort town, and according to Hogan—herself a former waitress who always tips 20 percent—the publicity they’ve received from the incident concerns many restaurant owners there. Some of them, she says, changed their language from "mandatory gratuity" to "service charge" on large party bills.
"They want to make sure their employees are getting compensation," Hogan adds, "and make sure they’re following what obviously is the law in a federal case."
I thought you weren't supposed to tip the owner of a bar, just the employees.
England is a prime example of this.
I am a owner, and you are 100% correct, the staff "works" the customers and the customers "work" the staff. It is a win/win the staff get paid for good service and the customer gets the good service they expect. It is the cheap no tipping SOBs that screw everything up. The hell with them, they can buy a hungry man, stay home and watch TV.
I will make no comment on your choice of dining locales.
"a good tip and a good attitude from a customer ensures no spit or other bodily fluid in that customer's food."
Just another reason on my "not to tip" list. Waitresses with that kind of an attitude don't deserve jobs, let alone tips.
I never work my bar. Well I long ago I used to pull a weekend shift every now and then. Screw that, yall customers are demanding SOBs.
They're also really short-sighted. In a busy bar, I leave a 50% tip the first round then around 30% for every round after that. Gee, I wonder who the bartender will serve first, me or the cheap drunk leaving 25 cent tips?
Hope you enjoy the taste of waitress spit, then. I would reccommend not going to the same restaurant repeatedly, if I was you.
Hey, the owner of my neighborhood pub in Hoboken told me about this rule. He said a lot of old-school bar owners get offended if you tip them.
I do exactly the same thing when faced with a new bartender. Tip good the first few times and then drop back to normal. I get great service. I can walk into a crowded bar with coustomers screaming for a drink and get served right away. Never, never think that the help is stupid, they aren't, if they now you treat them right, they will do everything they can to do right by you.
In the food biz you'll hear a common plaint: "EVERYONE should have to wait tables at least some time in their life."
Do so, and we'll check back to see if you feel the same way about tipping.
On the rare occions I work my bar, tips go to into the tip jar, never my pocket. Hell most of the times when I get "drafted" I buy all the drinks.
"It is a win/win the staff get paid for good service and the customer gets the good service they expect."
So as the owner, what the heck am I paying you for ?
When I go to a good restaurant, I don't expect to take a chance on getting good service... that's YOUR responsibility to make sure I get it.
If YOU can't provide a good dining experience, I shouldn't be paying for anything.
If the food is mediocre, but the service was good can I just leave a tip and walk out ?
When they state the "mandatory" tip nonsense on the menu or door I eat elsewhere.
The employer should pay a decent wage for good help, not pretend they are serving you for 20% less than the actual price, and expect the customer to subsidize his poor salary.
Particularly when the service is unremarkable.
Where does this end, 20% tip at the local fast food joints?
And then there is the IRS result, where the waiters or cocktail hostess is assessed a fixed amount in expectation of their actual tips!
The "tip" nonsense has become unfair all around.
To continue, lets say if there are "left overs" or a "mistake drink" or some particularly good special going on good customers will quietly get the word. Do you think the staff is going to clue in the no tipping SOB? Hell no, good deals, freebies, etc go to those that tip. Remember the staff is in almost total control of your experience. If you want to be treated special, if you want to feel welcome then treat the staff special and let them know that their good service is welcome too. It really is a win/win, particularly in a "favorite" place you frequent often.
Yup. I know that the manager of our regular watering hole routinely "forgets" to add some of our drinks to the bill.
Bad tippers are not only cheap, they're remarkably shortsighted. I don't just tip to reward good service, I tip to make my drinking/dining experience better the next time I come back.
Unless the service is truly terrible, I would never leave less than 15%. However, if I'm not thrilled with the service, I won't come back to the establishment in question.
Having familiarity with the Restaurant business.
poor service 10%
standard service 15%
Above and beyond service 20%
What is above and beyond? special requests fulfilled, super attentive waiter/waitress, customer is just a plain good mood.
If I have an important Client, I will go into the restaurant the day before and speak to the manager about who the best server is and ask to speak with them. I will then tip that waiter right then and there explaining the level of service I would like. This way He and the manager knows I will not be stiffing them since I have basically prepaid my tip. And I have ALWAYS had exceptional service for important clients. I will then tip the waiter a bit more if it was exceptional. This way the manager is please the waiter is pleased and I am please.
Remember TIP stands for... TO INSURE PROMPTNESS
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