1. Is the restaurant service fee legal?

1. Whether the restaurant service fee is legal depends on the following circumstances:

(1) There is no clear law saying that it cannot be collected, because catering enterprises belong to the category of market-regulated prices, and enterprises have independent pricing rights;

(2) If the restaurant wants to charge the service fee, it must inform the customers in advance. Otherwise, it infringes on consumers' right to know and choose, and customers can refuse to pay.

2. Legal basis: Article 7 of the Law of the People's Republic of China on the Protection of Consumers' Rights and Interests

Right of security. Consumers have the right to protect their personal and property safety when purchasing, using goods and receiving services.

consumers have the right to demand that the goods and services provided by business operators meet the requirements of protecting personal and property safety.

article 8

right to know consumers have the right to know the real situation of the goods they buy or use or the services they receive.

consumers have the right to request business operators to provide information about the price, place of origin, producer, use, performance, specification, grade, main ingredients, production date, expiration date, inspection certificate, instructions for use, after-sales service or the content, specification and cost of services according to different conditions of goods or services.

Second, how to report illegal tableware charges

1. Consumers can complain to the price department, the Consumers Association and the health department or call 12315 to report to the industrial and commercial department for investigation;

2. If negotiation is not good, consumers whose legitimate rights and interests have been violated can go to the local industrial and commercial office to complain and report;

3. If the operator illegally restricts the personal freedom of consumers on the grounds of asking for bottle opening fee and minimum consumption in private rooms during or after consumption, he should immediately ask the local public security department for help;

4. If the business operator causes serious mental damage to consumers by insulting, slandering, frisking, infringing personal freedom, etc., he may bring a lawsuit to the people's court for compensation for mental damage.