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Couple busted for not paying tip
The gratuity was mandatory for large parties, but what if the service stinks?
Bizarre story of the week: Two restaurant patrons were arrested on a charge of theft when they refused to pay a $16 mandatory tip that was part of their bill.
College student Leslie Pope told a TV reporter that the service was so bad at the Bethlehem, Pa., establishment that she had to get the table’s silverware and napkins and walk to the bar to refill her soda. An hour after the group of eight ordered chicken fingers and other bar grub, the food arrived.
- Bing: Tipping etiquette
The menu says an 18% tip is included in the bill for parties of six or more. The tip on their bill amounted to $16.35 (inexplicably higher than 18%).
After the $73 bill came, the group paid for food, drinks, and tax but refused to pay the tip. After explaining the bad service to the bartender in charge, Pope claimed he took their money and called police. The couple was handcuffed and placed in the back of a police car.
“They cuffed the Pope in Bethlehem,” one Fox TV anchor in Philly remarked.
According to the NBC report, the owner said managers offered to comp the food, but the couple said that didn’t happen. The NBC reporter speculated that the charges will probably be dropped.
Readers who posted comments at various online articles about the situation offered a variety of views -- the most thorough discussion can be found at lehighvalleylive.com -- including:
- The couple should have paid the tip -- particularly after police were called.
- The manager should have apologized for bad service and moved on. No need to call the cops. “Obviously we would have liked for the patron and the establishment to have worked this out without getting the police involved,” Deputy Police Commissioner Stuart Bedics told NBC.
- Mandatory tips are outrageous. A tip is a reward for good service. “I know that many places will add it to the bill on parties over a certain number, but I think that the patrons should also have the right to not pay when there is bad service,” “oldgoat” said in a comment at Newser.
What should have happened here? What do you think?
Related reading:
First off I have a comment for pasteurlou, I deliver pizzas as a second job and I have to say you are right about the fact that blacks and hispanics are the worst tippers. To those who take offense to that, I am not being racists but that is just how it is. To be fair I do see a fair amount of whites who are just as bad about tipping. We have a large subdivision in my delivery area called Bridgemill. It is not uncommon to go in there to either get $2.00 or get nothing.
My best tip I have ever received was $100 from a customer during the summer and her bill was right around $30.00. (She did not live in Bridgemill)
As far as the whole mandatory amount for parties with a certain number of guest, that can go both ways. I dated a young lady one time who worked as a waitress for Pizza Hut, every Sunday a church group of about 10 to 15 people would come in for lunch. She provided good service and made sure they had everything they needed. Would you like to know how much of a tip they always left? Try $2.00.
It goes to show that no matter what race someone is, there are alwyas cheap asses out there.
I am in the business of restaurant accounting. A mandatory gratuity is a service charge. As such the service charge is income for the restaurant. Gratuities are not income to the restaurant, they are income to the server.
Now since we have a service charge and not a gratuity, the service charge amount is taxable for sales tax purposes. The POS system should calculate sales tax on the items served plus the amount of the service charge.
Legally, the restaurant is not obligated to provide the service charge amount to the server but we all know what that would do to keep valued servers around. So, the payment by the restaurant of the service charge to the server is an expense to the restaurant and therefore a wash.
The bottom line is the customer is getting screwed when the restaurant forces a service charge on a check because the guest pays more sales tax and possibly more "tip" than they normally would due to poor service.
Savvy restaurants who really know their business will disclose on the guest check that the guest has the option to increase or decrease the amount of the service charge. The instant the option is provided, it is no longer a service charge. Its a gratuity and no longer subject to sales tax.
Most would agree that a server should not be dinged for poor food quality. The server does not prepare the food. Let the manager know if you have a problem with the food.
Let’s talk about the other side of the coin. The people who don’t tip or tip very low because they are cheap! My kids all worked as waiters and average 18-20% tips so they give good service. There are people for no particular reason who just will not tip more than a dollar per person if that much. Usually it is a larger table with a large bill. I think, like in Europe, a tip should be figured into every bill and the customer can adjust it as they see fit.

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