Q: BY LAW, if you request the restaurant to take "service charge," "gratuity," or "tip," does the restaurant have to comply: in case a) when it's stated on the menu that service charge may be applied, and b) when it's not.
A: I don't think you can, especially if it's stated in the menu. If it's not stated you may have a point. Where I work, we don't do that. I have been a waitress for many years. I have also been to places that do charge for gratuity, and because of it we have not left anything, but would have left more then what they charged. I have also heard from others who have waited on tables that it is divided among the bar tenders and bus boy's. In my state we do not get the minimum wage, they expect our customer's to make it up for us. Which I don't think is fair!! ET