Legal analysis: now there is no clear regulation that can not be charged, because the restaurant business belongs to the category of market price adjustment, the enterprise has the right to independent pricing. If the restaurant wants to charge a service fee, it must inform the customer in advance. Otherwise, it violates the consumer's "right to know" and "right to choose", customers can refuse to pay.
Legal basis: "Chinese people's rights and interests of consumers and the protection of the law"
Article IX consumers have the right to choose their own goods or services. Consumers have the right to independently choose the operator who provides goods or services, to independently choose the variety of goods or services, and to independently decide whether to buy or not to buy any kind of goods or accept or not to accept any kind of service. Consumers have the right to compare, identify and select goods or services when choosing them on their own.
Article X. Consumers enjoy the right to fair trade. Consumers in the purchase of goods or services, the right to obtain quality assurance, reasonable price, measurement and other fair trading conditions, the right to refuse the operator's compulsory trading behavior.