Legal Question in Business Law in Florida

I live in Clearwater, FL. Several restaurants in the area have instituted a small (usually $1.00) "sharing" charge" if, say, a retired couple, wants to share a meal. This pertains mostly to breakfast meals.

I don't think that's legal and here's why. These are NOT buffet restaurants. The food being purchased is a regular meal; that is, a FIXED amount of food. When I purchase that fixed amount of food, it becomes mine - totally. I can choose to eat it all myself, I can let it stand there on the table and do nothing, I can pick it up and throw in the restaurant's waste can, or I can choose to share it with my wife - it's mine, I paid for it. This sharing takes place by my wife eating half of what's on the plate with her set of silverware, and my eating the other half on her same plate with her silverware. That means the restaurant does not need to wash an extra plate or silverware or incur ANY extra cost whatsoever. And don't tell me that the restaurant may claim it's unsanitary to eat off another's plate, because kids are eating off their parent's plates the next table over!!

I'd like to know if this sharing charge is legal and if there are any cases you can cite that deal with this issue.

Thank you.


Asked on 10/27/10, 10:06 am

1 Answer from Attorneys
Richard Kaplan

It's a private business, and I am unaware of any state law prohibiting it. So long as they post it, as it appears they have, they can do it. Of course you have the right of not using the restaurant.

I have seen sharing charges at lots of restaurants. Of those that charge, $1 is the lowest by far.

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Answered on 11/01/10, 10:32 am


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