Restaurant asks you to leave mid meal. Refund?

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  • TheSpark

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    Jun 26, 2013
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    IANAL

    Here is my guess at what would happen.

    If you refuse to leave you would be trespassing, so do not do that. If you refuse to pay when leaving you will probably be arrested. However, I think a court would rule that the restaurant violated their end of the "contract" and deem you not responsible. I don't think it would matter if a no gun sign was posted either as that carries no weight of law.

    Best thing to do would probably be to pay and leave. Only pay if you have actually started eating. Make it clear to them, and other customers (in a polite way) that you disagree with them and will no longer be a customer of theirs.

    Or you could ask them if you would be allowed to visit the restroom to "return" the merchandise before you leave.
     

    Gluemanz28

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    I know that the OP stated that they asked you to leave but I am surprised that nobody has mentioned that they could have asked you to take your weapon to your car and you would be welcome to stay. Which would not be an option for me.

    Now to answer the OP question. My answers depends whether or not they have a no guns allow sign. NO SIGN: I would ask if I'm allowed to finish my meal? If they say no that they would like me to leave I would let them know in a civil manner that if they will not allow me to finish my meal then I do not feel obligated to pay, and ask if they have a problem with that. If they say no problem then I leave. If they say I will have to pay then I tell them I'm not leaving until I finish my meal. I will be done eating by the time the PoPo gets there anyway. Not a slam to LEO because I'm eating during the whole conversation so five minutes to finish half a meal is not problem because I want to leave there anyway and never return.

    SIGN POSTED: I probably wouldn't have went in to begin with but if I did go in for some reason and they approached me I would have to admit that my stealth James Bond conceal methods didn't work. I knew going in that it was possible to be asked to leave so I pay and leave never to return.

    Similar situation: My brother is a operating engineer and travels all over IN & KY running heavy equipment for road repair. He takes a camper with him on distances more than an hour away to save on gas and avoid hotel expenses. He parks at a local camp ground and that is home for days, weeks or months depending on the job. He was at a dollar store getting supplies and had the cart half full of supplies when the manager approached him and asked him if he would take his weapon to his vehicle and he could return to purchase the goods. My brother told the guy that his holstered weapon was safer where it was instead of an unattended vehicle. He told the manager that he would take his weapon to the car as requested but he would not be coming back to purchase the items in the cart. He left the store and let everyone on his crew know and they all stopped doing business there.
     

    IndyTom

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    Oct 3, 2013
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    If you are mid-meal and asked to leave, there shouldn't be any expectation of you paying for it if you are no longer permitted on the premises. I would drop a few bucks on the table for the wait staff (if I had cash) and politely depart without causing a scene.

    This is no different than being asked to leave because your child is out of control and disturbing other patrons. If you are being asked to leave, I doubt you would even be presented with the bill at that point because they want you gone. The fact is, they have determined that they no longer want your business and are terminating the "contract" which is their right. This obviously doesn't help in a prepaid situation (not only fast food, MCL, Shapiro's, etc.), but, depending on how far I was into my meal, I might politely ask for a refund.
     

    Yup!

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    If the kitchen catches fire, do they yell - Quick everyone to the register to pay before you evacuate?
     
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    BehindBlueI's

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    Seems like the simplest and most ethical thing to do is ask. Do you want me to leave immediately or do you want me to pay first? If they want you to pay first, you haven't been trespassed yet as you still have been allowed to continue to stay on the property. Tell them to box it up as you pay. Simple enough. You get what you paid for (food, that's what you bought, not the right to sit there) and they get what they want (the ability to exercise control over who stays on their property).
     

    Tranquil

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    Or... You could take the high road instead if trying to make a point to those who don't care. I'd pay my bill in full, over tip the waiter or waitress and thank them for their service, and politely leave. Which would have a more positive impact, implying a gun carrier is so pissed off they risk dine and dash, or sucking up to their request, paying, over tipping and letting them know you'll be glad not to return? I've actually given out free coupons to open carriers in my restaurants. Those who may know where I work, PLEASE do not post it publicly!!!


    Agree 100%. There's so much bad publicity out there related to firearms. We don't need more scenes being made to negatively impact those of us who follow the law.
     

    Yup!

    Master
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    Seems like the simplest and most ethical thing to do is ask. Do you want me to leave immediately or do you want me to pay first? If they want you to pay first, you haven't been trespassed yet as you still have been allowed to continue to stay on the property. Tell them to box it up as you pay. Simple enough. You get what you paid for (food, that's what you bought, not the right to sit there) and they get what they want (the ability to exercise control over who stays on their property).

    Close but not quite..

    You do pay for the right to sit there.. That's why St. Elmos gets more for a steak than Texas Roadhouse. Its almost the same piece of meat, but the atmosphere is considerably different.
     

    Bunnykid68

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    Seems like the simplest and most ethical thing to do is ask. Do you want me to leave immediately or do you want me to pay first? If they want you to pay first, you haven't been trespassed yet as you still have been allowed to continue to stay on the property. Tell them to box it up as you pay. Simple enough. You get what you paid for (food, that's what you bought, not the right to sit there) and they get what they want (the ability to exercise control over who stays on their property).

    In a sit down eatery I most certainly did pay for the use of a chair and a table, I do not get steak to go, it is eaten off of a plate not out of a box.
     

    Mr. Habib

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    Somewhere else
    Seems like the simplest and most ethical thing to do is ask. Do you want me to leave immediately or do you want me to pay first? If they want you to pay first, you haven't been trespassed yet as you still have been allowed to continue to stay on the property. Tell them to box it up as you pay. Simple enough. You get what you paid for (food, that's what you bought, not the right to sit there) and they get what they want (the ability to exercise control over who stays on their property).

    I paid for the food, the service, and the atmosphere. As I posted up thread, if I wanted take out, I would have ordered take out. Once I leave, I may not have the opportunity to eat the remainder of that food for some time. To say that sitting and finishing a meal = eating a partial meal or none at all and scraping the rest is ridiculous.
     

    GodFearinGunTotin

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    Close but not quite..

    You do pay for the right to sit there.. That's why St. Elmos gets more for a steak than Texas Roadhouse. Its almost the same piece of meat, but the atmosphere is considerably different.

    In a sit down eatery I most certainly did pay for the use of a chair and a table, I do not get steak to go, it is eaten off of a plate not out of a box.

    I paid for the food, the service, and the atmosphere. As I posted up thread, if I wanted take out, I would have ordered take out. Once I leave, I may not have the opportunity to eat the remainder of that food for some time. To say that sitting and finishing a meal = eating a partial meal or none at all and scraping the rest is ridiculous.

    I agree with these guys. When I go to a "sit-down" restaurant, in my mind, the agreement is they provide a meal, a safe, clean place to eat it, and a certain level of service that I pay for as my end of the bargain. I'm perfectly willing to complete the deal. If for some reason I can't, say I get an emergency phone call, etc. and I cannot complete the deal, I am quite fine with negotiating a change to my deal with the restaurant that is mutually acceptable to both of us. I am somewhat at their mercy as to what extent they are willing modify our deal but since it is my fault, I would be fine with my paying my check, getting my stuff to go, and leaving an appropriate tip for the service.

    However if the restaurant decides to amend the understood agreement, it seems to me they should also have to negotiate a mutually acceptable agreement with me. It's their property and if they should decide they no longer want me there, then I retain my right to counter offer their amendment. And one of the tools I will insist on retaining is how much money I will pay in settlement of the current, amended deal being visited on me by the management of the restaurant, an amendment I did not ask for.
     

    rubicon_joey

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    Quite simply, I would get up, leave and never return. No need to get out the wallet, box up the remainder, make a scene or argue; just leave.
    If they ask me to pay up, then I would negotiate an amount based on how much of the service/food I received before they asked me to leave.

    I've read quite a few of the post and don't think I've seen this option...
    Ask to take the gun to car and return? Personally, I wouldn't be inclined to finish my meal after they asked me to leave but, it's another option to keep the peace.
     

    jbombelli

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    Some of you guys need to point out where it says on the menu that seating is included in the price. Here's a hint: it's not.

    My way is this...

    I have to ask you to leave...

    What...right now?

    Yes...

    Okay.

    Then I get up and leave without paying. They specified right now, which means right now. If they ask me to pay for my meal first I'll ask them to box it up for me and pay. But they choose. I just put it in such a way that they will probably voluntarily refuse payment by asking me to leave immediately.

    I have yet to be kicked out of any place though.
     

    Bunnykid68

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    Some of you guys need to point out where it says on the menu that seating is included in the price. Here's a hint: it's not.

    My way is this...

    I have to ask you to leave...

    What...right now?

    Yes...

    Okay.

    Then I get up and leave without paying. They specified right now, which means right now. If they ask me to pay for my meal first I'll ask them to box it up for me and pay. But they choose. I just put it in such a way that they will probably voluntarily refuse payment by asking me to leave immediately.

    I have yet to be kicked out of any place though.

    They deliver it to the table you are sitting at don't they?
     

    Yup!

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    So? The menu doesn't say "Steak and a table and chair." They provide the seating for your convenience. It helps you spend money but if they don't mention it don't assume it's included IN THE PRICE.

    Their electric bill is included in the price.
    Their rent is included in the price.
    their entire overhead is included in the price.

    You are off your rocker if you think st Elmo's can set up a 10x10 tent on the street and get $100 a person for a takeout dinner.
     
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