Doug Kanter wrote:
> "pennyaline" <nsmitchell@spamspamspamspamspamspamspameggandspam .com> wrote
> in message ...
> > Sheldon wrote:
> >> Methinks this article must assume all folks frequent an establishemnt
> >> but once... it definitely pays to tip, and well, at a restaurant one
> >> frequents often. Naturally if the experience is such that due to poor
> >> service you're never going to return then why bother to tip at all, I
> >> don't, the consumer votes with its pocketbook. There's no rule that
> >> says poor service deserves a tip anyway.
> >
> > Methinks also that both the author and the restaurant owner missed the
> > court
> > case in which demanding addtional "service charges" in the guise of or in
> > lieu of gratuities, and in the absence of additional services, was found
> > to
> > be bogus and therefore unenforceable.
> >
> >
>
> That sounds odd. There are plenty of restaurants where it'll say on the menu
> "A 12% service charge will be added for parties of 10 or more", or something
> in that vein. Regardless of what "the court case" said, this is not unusual.

Nothing odd. Doesn't matter what it says on a menu, a menu is not a
legal instrument. Many restaurants post signs/notices saying "Not
Responsible For Personal Property (per management)", but by law they
are responsible, not only for your property but they're responsible for
you bodily as well (regardless the presumptuousness of management), in
NYC businesses are prohibited by law from posting such signs. A
business is an "invitee", ergo they are responsible. Btw, a restaurant
patron is not required to read a menu, in fact they are not required to
know how to read. In order to enforce a 12% service charge the
business must inform *verbally* _prior to_ taking an order, where upon
with _acceptance_ a legal contract (verbal) is entered into... posting
a private sign/notice (especially one contrary to law) hoping it will
be read and comprehended does not a legal contract make. Even though
the vast majority of patrons will note the sign and comply they are not
legally required to, not in the US.

Sheldon