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From the teachings of an American, it's not fair to force a customer to pay a gratuity to any person unless that customer exceeds a party of 4. My reasoning in this answer is that a gratuity is an emolument of thanks for being waited on hand and foot by your waitress, chef/cook, or bartender. A person who has had a positive experience at an establishment would hopefully be courteous enough to leave a 10-15% gratuity.

Some Americans may even deduct from a starting tip of around $5. Lateness on refills, slow cooking times, poor drink mixing can all result in a docking from the tip. By docking tips or not leaving one in its entirety, a consumer is trying to point out to whomever is serving them - that hey, your service is slipping or lacking. In a general sense, always try to tip if you can but base it on your experience and only on whomever the tip is going too (meaning, don't blame the waitress for the bartenders mistake unless the waitress wrote your drink order wrong).

Now, there was an exception to the above. When ever a restaurant deals with a party containing 5 people or more it can be very hectic and stressful because you have to work quick, accurately, or you're going to have 5 or more people very angry with you. In these situations the gratuity should be added into the bill. The size of the party, the work, the busing, dishes (which in some establishments the waitress may do too) is all on them, be your experience positive or negative.

On the legal side of it - many states have statutes in effect that require establishments who automatically include a gratuity in a bill to clearly have signs posted regarding their policies. Stores that do not, can be sued and fined for violating laws and to get your money back. It's not illegal in states to refuse to leave a waitress even a single penny in places where you traditionally tip based on service.

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Q: Is it fair to force a customer to pay a gratuity?
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