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The Forced Gratuity

For parties of five or more patrons, restaurants often impose an automatic tip on the bill. Some Florida restaurants, it turns out, have been doing the same thing--except that the automatic tip is based not on the size of a group but rather on the color of customers' skin.

For parties of five or more patrons, restaurants often impose an automatic tip on the bill. Some Florida restaurants, it turns out, have been doing the same thing--except that the automatic tip is based not on the size of a group but rather on the color of customers' skin.

If that sounds like a discriminatory practice, that's because it is. A new law in Miami, however, aims to put a stop to tipping discrimination. From now on, any restaurant in Miami-Dade County that adds a tip to a diner's bill must post a sign disclosing it or risk a $500 fine. In addition, the new law also prohibits tipping discrimination. The fine for violating the rule is $1,000.

The impetus for the bill came from an October incident where an African-American patron at a local restaurant thought it strange that his tab included a tip. After checking with white diners nearby, he discovered that his was the only bill with a tip built in.

An investigation by the state Attorney General's Office revealed that while the restaurateur had posted a notice of an automatic tip of 15 percent for parties of five or more people, he also regularly added the tip to the checks of black patrons. "I didn't even know this existed before," says County Commissioner Dennis Moss, who sponsored the measure. "Now, I'm beginning to believe it's a lot more prevalent than people think."