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HERE’S A TIP: NOT LEAVING ONE IS LEGAL
ABAJournal ^ | September 24, 2004 | Stephanie Francis Ward

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."


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To: pkp1184
I have been a server for a number of restaurants during my college years and have found tips to be quite lucrative, even in a college town. I would rather work for tips than low hourly, because I determine how much I make. Sure some people stiff you, but then there are many more who treat you well. It was not uncommon to bring home $125+ cash for a 5 hr shift, which is not too shabby, and I was not the best server either.

As far as auto gratuity, I would not automatically charge a large group, because I usually found that the tip was better and customers happier if I left it up to them.
281 posted on 11/12/2004 11:58:24 AM PST by Andrewksu
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To: Andrewksu

I agree. Andrewksu...what does the "ksu" stand for? Because I go to a University with the initials "KSU"


282 posted on 11/12/2004 12:16:13 PM PST by pkp1184
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To: pkp1184

Kansas State Univ


283 posted on 11/12/2004 12:56:45 PM PST by Andrewksu
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To: Andrewksu

Oh, cool. I go to Kennesaw State in northwest Atlanta.


284 posted on 11/12/2004 12:57:46 PM PST by pkp1184
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To: bedolido
But he knew when he came in and should have paid it.

How do you know? Maybe it was his first time patronizing the restaurant.

285 posted on 11/12/2004 1:01:41 PM PST by BlackRazor
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To: Paridel
My comments are reserved for those that think that they deserve a certain tip, or worse yet, feel that I become personally responsible for them simply because they served me. If someone chooses to serve as a career, great! Just don’t bitch to me about how rough it is. We all make choices.

I tip well for anything close to adequate service. I don't tip when told that I "owe" it.

286 posted on 11/12/2004 1:28:28 PM PST by TankerKC (R.I.P. Spc Trevor A. Win'E American Hero)
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To: DelphiUser

"There is a difference. I serve people food and drinks..."

Delivering food and drinks from the kitchen is what I expect as part of the price of my order - Go ask your employer how much that is worth to him -


287 posted on 11/16/2004 7:06:40 AM PST by RS (Just because they are out to get him doesn't mean he's not guilty)
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To: jpsb

"The only time I use or offer a glass is if I am trying to get into some babe's pants."

Can't argue with a classy move like that :-)

My point was that she didn't know - Even if 99% of the people would turn it down ( as I would most of the time in that sort of place ) she shows that she cares enough to ask. Servers who provide even a pretense of caring get bigger tips. The next time if she remembers, she might even grab for one, then stop and say " That's right, you don't use a glass, do you ? "- with a smile. A couple of notches up in my what to tip register for that...


288 posted on 11/16/2004 7:18:11 AM PST by RS (Just because they are out to get him doesn't mean he's not guilty)
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To: Paridel

Look, I’m all about attitude. I went to a Red Lobster, It was our waitresses’ first table as a server, and she got the orders messed up, spilled water all over me (I kid you not!) forgot dessert and then got the “Survey Receipt” for the night. She handled it all with humor, and apologies. No problem and a 15% tip because she was trying, I was even nice on the Survey. But what I am responding to here is bad attitude. Her other customers are not my problem; I am not dining with them. I know that sounds heartless, and maybe it is, but that is real life.

As for Freeper Vs Server, I really don’t care if my server is a flaming liberal or a solid conservative, they get tipped for the service. (I kind of like the idea of Tom Daschle waiting tables though).


289 posted on 11/21/2004 9:47:37 PM PST by DelphiUser (The only good thing about Kerry is he comes with his own Ketchup)
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To: bedolido

He did he left a couple dollars on the table but that wasn't good enough, If I were him now that he's been cleared I would demand restitution to clear my name, False arrest has to be worth something a false report has to be worth something Time to make the owners of Sopranos Tip him. They want to extort what comes around goes around.


290 posted on 11/21/2004 10:07:05 PM PST by KingNo155
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To: bedolido

He did he left a couple dollars on the table but that wasn't good enough, If I were him now that he's been cleared I would demand restitution to clear my name, False arrest has to be worth something a false report has to be worth something Time to make the owners of Sopranos Tip him. They want to extort what comes around goes around.


291 posted on 11/21/2004 10:07:40 PM PST by KingNo155
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To: billorites

"Servers’ salaries depend on tips, he says..."

Here's a tip, provide good service as expected and you'll get a tip. It's a tip, not an entitlement! Gag!


292 posted on 11/21/2004 10:13:40 PM PST by WKUHilltopper
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