I'd ask if they tip share with the cooks. If they do, ask to see one of the cooks and hand him or her the tip, that is if the food was good

I'm never trusting of places that have a mandatory gratuity, then the server is under no obligation to provide good service.

No. Period.

wow....thats just crazy. I feel if I get bad service I should not have to tip at some set percent. I usually give something but not as much as i would if i had good service. A tip is something you earn not a requirement.

But that example isn't a tip - its mandatory service charge. They were right to be arrested for it. Tips and *optional* services charges are, of course, optional, you should not and do not have to pay it if you don't want to. In that news story it talks of mandatory service charge, of which the customers are pre-informed on the menu. That must be paid. It is not to be confused with a tip or gratuity.

Wow..my blood is boiling after watching that! I can't believe that you have to pay a tip and it's law!! wtf I would be more up set if the charges went through in court what a complete waist of time and money to up hold such a stupid law. poor people get a criminal record over something as stupid as not paying a tip what is the world coming to?

The whole article confuses me - it refers to a 'mandatory gratuity'. What? How can something be compulsory and voluntary at the same time? Sounds like the phrase itself shouldn't hold up in law, its a total self contradiction.

Your posted link didn't work when I cut & pasted it, because it had a blank space within it, after the word "time." Here's a clickable link, for those who might need/want it: http://www.nbcphiladelphia.com/news/local-beat/Time-In-Prison--70426052.html If I had been the manager, owner, or bartender at that place, I would have waived the "madatory gratuity," based on the lousy service, because the resulting bad publicity will get that place some smashed windows, some "F Y!" letters or e-mails, and on Friday and Saturday nights, the interior of that place will resemble a ghost town. I'd go in there sometime, and while I was using their restroom, I'd release my entire pet cockroach collection, THEN anonymously call the Health Dept., to arrange a "surprise" inspection of their kitchen, and I'd also call the INS office to report possible illegal aliens working there. Also, a bottle of liquid skunk scent (linked below) poured into their air-conditioning intake vents will make the place UNINHABITABLE, for several days, and will cost them thousands of $$$$ to have professionally removed. http://www.cabelas.com/p-0004712415446a.shtml The dictionary definition for "gratuity" is this: 1. a GIFT of money, over and above payment due for service, as to a waiter or bellhop; tip. 2. something given WITHOUT claim or demand. Source: http://dictionary.reference.com/browse/gratuity Using the above, I'd rule (if I were a judge) that the payment of a gratuity (if that's the word on the menu) is a wholly voluntary act on the part of a patron, and not enforceable. After I won that court victory, I'd follow up with ANOTHER court victory, with my professional litigator, and I'd walk out of that courtroom, several thousand dollars wealthier, OR with the keys to that establishment. Several years ago, a group to which I belonged, had a group dinner at a restaurant that was noted for their fine Mexican-style food. The food was indeed terrific, but the service was lousy. At the bottom of the menu, was the notation that a gratuity of 17% would be added to the bill "for groups of 10 or more." There were 16 in our group at that dinner. Because the service was so lousy, the leader of our group, AN ATTORNEY, said, "We're NOT paying for lousy service! Ya wanna call the cops? Call them!" The manager apologized profusely and waived the gratuity. The next time we went in there, that lousy server was no longer working there.