Originally Posted by
Braindrain
Even if it was disclosed ahead of time, you're still under no legal obligation to pay it.
Originally Posted by
bocastephen
If its on the menu or posted ahead of time, you can bring it up as an issue with the manager - but if they refuse to remove or adjust it, your only option is to leave the restaurant without ordering - you can't refuse to pay it after the fact.
These two statements are conflicting. I did always assume that if a gratuity/service charge/fee was disclosed on the menu they had the right to charge it. Obviously if it wasn't posted that's an entirely different story.