it depends. If the tableware fee has been notified before charging and the customer agrees, then the behavior is legal, and if it is forced to collect without notification, it is illegal. At present, there is no clear regulation that it cannot be accepted, because catering enterprises belong to the category of market-regulated prices, and enterprises have independent pricing power. If a restaurant wants to charge a service fee, it must inform customers in advance. Otherwise, consumers' "right to know" and "right to choose" are violated, and customers can refuse to pay. At present, there is no uniform regulation in China. There is no legal basis for charging service fees, but it is not prohibited by law. There is no hard and fast rule in law, but there is a tradition of historical practice. Operators should inform consumers in advance of collecting service fees, and the notification method should be clear and clear to ensure that consumers know. Whether the operator has effectively fulfilled the obligation of informing should be based on whether the consumer has actually been informed. If you only use inconspicuous fonts in menus, desk labels or somewhere in the store, it is not enough to attract consumers' attention, and it is only when you check out that it infringes on consumers' right to know. If the merchant fails to fulfill the obligation of informing in advance accurately and actively, consumers' right to know, choice and fair trade will be infringed, which is progressive and very serious, and even will infringe consumers' right to safety, privacy and claim. Therefore, it is necessary to tell consumers clearly about the service charge in the catering industry before consumption, and the right to know cannot be violated.

legal basis: article 21 of the law of the people's Republic of China on the protection of consumers' rights and interests, business operators shall provide consumers with information about the quality, performance, use and expiration date of goods or services, and shall not make false or misleading propaganda. Business operators should give a true and clear answer to the questions raised by consumers about the quality and usage of the goods or services they provide. Business operators shall clearly mark the prices of commodities or services provided.