In an effort to treat my husband for his birthday, I took my husband and another couple out to dinner, July 2008. My husband and I have had good experiences in Little Italy in the past and so he wanted to try another restaurant there. The other couple had never been there and thought it would be a fun experience. However, this experience left my husband upset and angry for the rest of the evening, ruining his birthday.
First, the waiter was gruff and denied requests that were slightly different than the menu, even though the restaurant prides itself in accommodating any special requests (from website, "Casa Bella has a very high standard for catering to all their guests, to satisfy each and every one"). They didn't have many beer options, so my husband did not get to have his choice of beer. I then had to beg the waiter to ask the bartender to add some grenadine to Coke to make Cherry-Coke, my husband's favorite non-alcoholic beverage.
Second, our food was not good. My linguini was undercooked (still tough to chew), my husband's gnocci was overcooked, and our friend's veal was difficult to cut through and chew. For the price, meal portions were small. Also there were no free refills on drinks (such as the Cherry-Coke), which I suppose is to be expected in NYC.
Third and most irritating is that a 20% MANDATORY GRATUITY FEE was surprisingly added to our bill. When we spoke with the waiter, the manager, and another restaurant employee (not sure of his title), all three argued with us and insisted that the gratuity choices were not an option for the customer to make at their restaurant. They used excuses such as needing to pay the expensive NYC rent for the restaurant property, and making sure that tourists don't under-tip the waitstaff, particularly because Europeans are notorious for not tipping because a 15% service is included in their bill at home. We pointed out that we are not Europeans and that we are usually generous tippers. Even with the bad service, we planned on tipping 15%.
Overall, we were extremely upset that (1) after crappy service and expensive crappy food, we were forced to pay an additional 20% on top of the food bill and city/state tax, and that (2) we were treated very rudely by the waiter and the manager to whom we issued our complaints. They seemed to have a too-bad-for-you-we're-going-to-rip-you-off-anyway attitude.
We noticed that other customers were upset by the same unpleasant treatment. When we first sat down, a neighboring table was upset when their bill arrived and had an argument with the waiter, who sarcastically told them, "Welcome to New York, my friends." We should have paid more attention to their complaints then and found somewhere else to eat, but we did not realize what the problem was until it happened to us! (After the fact, we noted that our nearby restaurants did not carry the same mandatory gratuity policy.)
Since ending our NYC trip, we have investigated mandatory tipping law in NY. As best we can find in our research, we have determined that it has 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 a customer feels that service really sucked, he or she has 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). Look up results of a Soprano vs. Taveras case in Sept 2004, and the following links.
http://www.mail-archive.com/
[email protected]/msg00734.html
http://wiki.answers.com/Q/Is_it_legal_for_a_restaurant_in_New_York_City_to_charge_a_mandatory_service_charge_or_gratuity