MalloryKeaton

http://story.news.yahoo.com/news?tmp...all_tip_arrest

Man Arrested After Leaving Small Tip

Fri Sep 10, 5:51 PM ET

LAKE GEORGE, N.Y. - A New York City man accused of leaving an inadequate tip at a restaurant was arrested, fingerprinted and photographed for a mug shot.

Humberto A. Taveras, 41, faces a misdemeanor charge of theft of services after he and his fellow diners argued with Soprano's Italian and American Grill managers over the legality of requiring an 18 percent tip for large parties.

"They chased us down like a bunch of criminals," Taveras said. "It killed our weekend."

Taveras and eight others had pizza at the restaurant Sunday night. He told the Glens Falls Post-Star they weren't completely satisfied with the food and left a tip of under 10 percent. Taveras said they also were not told of a mandatory 18 percent gratuity for parties of six or more and did not see notice of it on their menus.

Restaurant owner Joe Soprano said all the menus have the notice, and the waitress informed the group. He said he did not choose to pursue charges because of the money, but because Taveras' group was obnoxious.

"It's unfortunate it has come to this, but this guy was rude and abrasive. They practically threw food at us," Soprano said.

Taveras plans to fight the charge. He was issued an appearance ticket and was scheduled to appear in town court Thursday.

The arrest raises the issue of whether the gratuities that restaurants automatically tack on for serving large groups are legally enforceable debts.

Warren County Sheriff Larry Cleveland said he did not believe the issue had been litigated before in New York. He said the case could turn on whether the person is notified of the tip requirement beforehand.

"It's not a black-and-white issue," Cleveland said. "It will be very interesting to see where it goes in court


I didn't know people could be arrested for not paying 18% for a tip. I think the resturant went too far by having the group arrested. The group felt the food was good, and it doesn't indicate whether or not the group felt the service was good or not. Since they had a problem with the food they shouldn't have to pay the full amount. The group might have honestly not known about the 18% tip rule. I think it's sad when money becomes more important than people. I understand the resturant has to make a profit, but arresting people over a stupid tip?

Do you think the group should have been arrested?

migamoo

What? That's just stupid. Yeah, I understand having to pay a percentage but just because they didn't doesn't mean you should have them arrested. I think the resuarant owner went a little too far.

*Lauren

Especilly since they DID leave a tip, just not one to their liking.

ROCKSTAR

I should be outraged but its too funny...

Profaine Angel

Why don't they just add the tip onto the bill in that case?

I don't get it.....I thought you only tipped someone if you were pleased with the service since you're already paying for the food. How can they make it mandatory that you pay more?

Timeo

My question is really, since when did tipping become mandatory? It's a courtesy, done when you felt like the service was adequate to excellent. If the customer feels like you did a good job, then you get more money. If they didn't, too bad. It's not like there's some law saying that "In New York, you must pay 18% tip." and even if there is, it's a highly dubious one.

I'm siding with Mr. Taveras because these "service charges" aka money grabs, are wholesomely sketchy and ethically unsound.

imajica

I'm Australian so I don't really get this tipping thing but its going to be a mandatory charge why isn't it included in the actual price. Here tipping is a reward for good service and is an incentive for restaurants to provide better service. I understand that in the US wages for people in service industries are much lower and they depend on tips but I don't think that people should be forced to tip - particularly if they are unhappy with their experience.

mh67511

Many people who work in restaurants rely on tips, because they make less than minimum wage. But tips are only mandatory when you have a large party I think. Usually mandatory tips are just added on the bill though, so that doesn't make sense...

But anyone who leaves under a 10% tip...that's just lousy. And if you "can't afford" to tip, then what are you doing eating at a restaurant in the first place?

The Daywalker

I've known places to do that. So if it was that mandatory, it should have been in the bill and then you'd have no problem.

and, what the hell is up with such a high %? I mean 18%? Never would itip that much.

Quarterley

I know some restaurants have it becuz of the nature of the service. Like an "all you can eat" buffet where you are always ordering stuff and the staff always have to come and clear the dirty dishes. In that case, I'd just pay the mandatory services fee and leave no tip. It's usually about 10% to 15%. So I guess this place made it 18% for the large parties. But yeah, they should have added it to the bill and if the customer would like to tip more, he could. If not, it had already been added. Saves the hassel of all this so-called charge of theft.

Mio

Okay, so let's look at it this way. You get seated and no one tends to you. Twenty minutes later someone comes and asks for drinks, then you wait for your drinks for another thirty minutes. You complain to the manager and they send someone else over to tend to you, but that takes another 20 minutes. You finally recieve your meal and a 15% tip is automatically added to you bill.

Question is: Would you want to give a tip to some lousy service? I think automatic tipping on bills is crazy. It all depends on how the service is.

MalloryKeaton

Update:
http://www.click2houston.com/money/3729682/detail.html
Charges Dropped After Man Arrested For Small Tip
Customer Says He Tipped 12 Percent

POSTED: 2:18 pm EDT September 14, 2004

LAKE GEORGE, N.Y. -- A man arrested in an upstate New York restaurant for not tipping enough is off the hook.

Local prosecutors said they won't charge Humberto Taveras for not leaving a big enough tip at Soprano's Italian and American Grill in Lake George.

The 41-year-old Long Island man was arrested Labor Day weekend when the restaurant owner accused him of not leaving an 18 percent gratuity required for large parties.

Taveras said he wasn't aware of the policy -- and wouldn't have left that much money anyway because he and his friends weren't happy with the service. He said he left about a 12 percent tip on a $71 bill. He added the service was slow and the food was not that good.

But restaurant owner Joe Soprano said all the menus have the notice and the waitress told them, too. Soprano said he did not press charges because of the money. He said Taveras was rude.

The restaurant owners had police catch the Taveras family outside the restaurant in another store along Lake George's tourist strip.

Taveras was arrested and charged with a misdemeanor theft of services. He said restaurants should not be forced to make a person tip. It's supposed to be a thank you for good service.

The Warren County District Attorney's Office said a restaurant patron can't be forced to leave a gratuity. Prosecutors said establishments have to call it a service charge -- not a tip -- in order to make it a mandatory add-on charge.

Copyright 2004 by The Associated Press. All rights reserved.

AzucarBehr

That is the dumbest story, ever. I'm glad it was dismissed.

This happened to me and my friends when we ate at the Rainforest Cafe in Fisherman's Warf. DON'T everevereverever eat there because the food sucks! I had pot roast and it was extremely salty.

Our party complained about the horrible service, the cold food, the lack of silverware, plates, napkins, water and the waitress had a cow.

Long story short, we didn't leave a tip, not even a small one, and the waitress chased us down while we were walking to the bathroom and said, "you didn't leave me a tip." The nerve, right? Well, I had my say, so I kept on walking. My friend was discussing the issue with the waitress and finally gave her a tip. It was ugly. There wasn't a loud arguement, but the tip had to be picked up off the floor.

Profaine Angel

I understand what you're saying there, and no I wouldn't want to tip them. I was just saying, for those places that get all anal if you DON'T tip, it should be on the bill. Because they're not really giving you a choice if they go and arrest someone for not tipping imo tipping should be the patron's choice, not the restaurant's, and they shouldn't be allowed to force anyone to tip if they don't think it's deserved

Hot Like Fire

That is just crazy that he got arrested for not leaving a big enough tip.