Quoting Standlee, Kevin ([EMAIL PROTECTED]):

> [Originally posted to
> <http://community.livejournal.com/basfa/3906.html>, BASFA's
> LiveJournal.]
> 
> We were informed last night that the Hick'ry Pit has established a
> policy of charging an automatic 15% service charge on groups using the
> meeting room, on account of needing to dedicate a server to us.
> 
> The only difference this will make to me personally is that the amount I
> pay for my dinner will go down slightly, as I've usually been tipping
> twice the tax before subtracting out the free pie, which is pretty
> generous. I almost never add a tip to a bill that has an automatic
> gratuity included.
> 
> I do hope the servers are getting those gratuities!

1.  The servers do earn every penny, in my experience.  It's a tough
business, and tips matter a lot to the staff.  Also, we're more work for
them than are most dinner parties, so I give generously.


2.  That having been said, it's been established in law that tips
(gratuities) in restaurants and similar places are entirely optional at
the customer's discretion, being a voluntary payment for personal
service, _even if_ the amount is shown as an "automatic service charge"
on the customer's invoice.  That is, if you as a customer feel that 
service really sucked, you have the absolute moral and legal right to 
cross out the "automatic service charge" amount and put something less
(or something greater, if service was glorious).

Late last year, I heard on a radio legal affairs programme about an East
Coast court case, where a family had gone out to a special dinner, felt 
they'd gotten really bad service, and crossed out the "automatic service
charge" and written something smaller when paying the bill.  The
restaurant manager (evidently clueless about public relations) summoned
the police and filed a criminal complaint against the customers, upon
which the judge ruled, sorry guys, if you want it to be non-optional, 
you need to make it part of the listed price, not a "service" charge.
"Service" is in the eye of the customer, not the vendor.

So, by all means please be generous to the hard-working restaurant
staff.  At the same time, please don't let yourself be bullied by 
"automatic service charges".

(Yes, Kevin, I did read the Board of Equalization's regulation about
"Amounts designated as service charges, added to the price of meals are
a part of the selling price of the meals... in lieu of tips".  That's 
a distinction for purposes of taxation.  The courts have clarified that
an "automatic" service charge is still a _service_ charge, and thus 
is under the customer's sole control.)


3.  Actually, many other restaurants have recently been instituting
_20%_ "automatic service charges" on parties over four persons, or such.
I find the logic for this utterly lacking, and see it as an
opportunistic attempt to tap corporate expense accounts.  (More people 
requires a higher percentage for fairness?  I really don't thinks so.)
But it's a tough business, and I don't blame them for trying to con the
public.  

Similarly, I think we can smile tolerantly when the Hickory Pit staff
tell us they need an "automatic service charge" because they need to
dedicate a server to us -- knowing that it's an irrational conclusion
from a probably false, but basically irrelevant premise -- and just
genreously tip what the service merits, without regard to flim-flamming
perpetrated on the invoice.


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