[dfxm12]

There are some laws about this in most states of the US. If a restaurant charges a "x% service fee", then you must pay that fee. Deal with it. If they claim "x% gratuity is included in the check", then you can ask not to pay it.

I frequented a restaurant that did the latter. The problem was that they did a bad job of advertising the fact & would sometimes go as far as to not give an itemized check. I personally felt like I was being duped. This led to customers tipping on top on a tip & when customers found out, there was a lot of rage on Yelp et al. They repealed the auto gratuity.

Point is, if you are going to do this be loud and clear about it.