Is it legal to impose a "minimum charge per person" at a restaurant -regardless of the order placed?

Question

I live in NJ and often see things posted like "Minimum Charge Per Person $10" or something like that around here and in NYC. Its normally at places that offer free entertainment or hookah bars that want to make more money for providing a service - ie you need to order a soda or something to keep your seat. Its also common in my area at diners to prevent teenagers from just sitting around drinking free water all night. This I have no problem with. The restaurant I do take issue with is a Japanese place in Stone Harbor NJ.

Kushuimbo requires a minimum of $25 per person to dine. At first we thought this was because its a small establishment and they want each table to generate enough to keep them afloat. Most places like this are happy to provide take out, as it takes up no space and its quick cash with no real service needed. They laughed when we called and then refused to do take out. Then we looked at the menu more closely - they also forbid families with children under 12 from dining after 6pm. I am always a fan of places willing to ask families with loud screaming unruly children to leave, but thats just going too far. I am a nanny and would take the kids I care for anywhere as they have impeccable manners. Lately many restaurant charges have come to light as being illegal or barely legal, such as the charges for uncorking wine in BYOB places, no bills bigger than $20, and everyones Chinese restaurant favorite - credit card charge minimum $10.

Something tells me banning kids, charging a per head fee for an entree that doesnt fit the bill (all entrees were roughly $23 - convenient, huh?), and even charging babies (we asked around) the per head fee despite lacking the motor skills and teeth to eat solid foods $25 to sit in moms lap is all a bunch of malarky.

Answer 1

As long as its posted and not excluding a protected class then its perfectly legal. Many places have a minimum charge there but may not use it if there are no issues. But if you have a group of teens eating and 3 out of 5 don't eat and order water they will enforce the minimum so the space there taking \up and the time of the staff are not a total loss. Minimum charges on credit cards makes sence as the restaraunt pays to process cards. So if you buy a meal for 8 bucks and then they have to pay 1 dollar to get your card to go through then they only make 7 to pay for the food, labor, etc.  

Answer 2

It is legal, don't like it... don't go.

Answer 3

Nope,,,not illegal....think of it as a "cover charge" then...they can charge anyone who walks in their doors.

Also,this may seem frustrating to you..but it is their restaurant and they can impose pretty much any rules they would like assuming that doesnt infringe upon any civil liberties..and even then, its fairly discretionary.

They dont actually have to serve anyone,,,they can just go out of business.

Example,,,they cant discrimate against african americans.....however,,anyone causing a disruption or other guests to be uncomfortable with their experience (IE. kids)..can be asked to leave.... restaurants reserve the right to refuse service...and the definition is pretty broad...as long as its not blatant discimination..they can do what they want.

Answer 4

All eating/drinking establishments may impose min charges, now, they can't specifically tell you what you can and can't order for that min. ie happy hours usually have a drink purchase min. which actually is fairly reasonable, however, they can't force you to drink alcohol. you can order beverages of any kind. a lot of places also have signs that say things like ' we reserve the right to refuse service to anyone' that disclaimer isn't really needed but it is a notice to customers who may complain. case in point discrimination based on hiring practices are illegal, dining out is just that, dining out. most Japanese restaurants do not offer 'to go' service, the work is labor intensive and should be enjoyed as a dining experience, not let's sit at home with our PJ's and eat out of boxes. and also a lot of restaurants will charge a service fee for parties over 6. this is to make sure with a giant party of demanding customers the server actually receives something. And I'm sorry, I've rarely rarely seen parents who have taken their children into non family-style places make their children behave, I worked in fine dining for 5 years and let me tell ya it's no picnic. mom asking for special orders demanding their children receive their food immediately as they had to wait on a saturday night while their children destroy the carpet while smashing bread butter and salt into the carpet. There is a reason adults who want to have a nice dinner out don't go to family restaurants.  

Answer 5

Yeah it's legal.  Kinda like having a cover charge for a bar.