THE SOUTH CAROLINA LAW
The South Carolina law goes a step ahead of either the Iowa law or the Wisconsin bill in the provision that the employer shall not permit the custom of tipping, in addition to provisions prohibiting the giving or receiving of tips by patrons or employees. The law follows:
"It shall be unlawful in this State for any hotel, restaurant, café, dining car company, railroad companies, sleeping car company or barber shop to knowingly allow any person in its employ to receive any gratuity commonly known as a tip, from any patron or passenger, and it shall be unlawful for any patron of any hotel, restaurant, café, dining car or for any passenger on any railroad train or sleeping car to give any employee any such gratuity and it shall be unlawful for any employee of any hotel, restaurant, café, dining car, railroad company, sleeping car company or barber shop to receive any such gratuity.
"By 'gratuity' or 'tip' as used in this Act, is to mean any extra compensation of any kind, which any hotel, restaurant, café, dining car, railroad company, sleeping car company or barber shop manager, officer or any agent thereof in charge of the same, allows to be given to any employee and is not a part of the regular charge of the hotel, restaurant, café, dining car, railroad company, sleeping car company or barber shop, for any part of service rendered, or a part of the service which by contract it is under duty to render. No company or incorporation shall evade this Act by adding to the regular charge, directly or indirectly, anything intended for or to be used or to be given away as a gratuity or tip to the employee. All charges must be made by the company or proprietor in good faith as a charge for the service it renders, inclusive of the service which it furnishes through employees.
"Each hotel shall post a copy of this Act in each room and each restaurant, café and barber shop shall post at least two copies of this Act in two conspicuous places in their places of business, and each railroad company shall post two copies of this Act in their waiting rooms and passenger rooms at passenger stations in cities of three thousand inhabitants or more, and each sleeping car and dining car shall have posted therein at least one copy of this Act.
"Any person or corporation failing to post as required shall be fined not less than ten dollars for such failure and each day of failure shall constitute a separate and distinct offense and any person violating any of the other provisions of this Act shall be subject to a fine of not less than ten dollars or more than one hundred dollars, or be imprisoned for not exceeding thirty days."
This South Carolina law was an evident effort to cover the custom of tipping in a manner that would permit of no evasions. It defines a "tip" and prohibits surreptitious gratuities and makes employer, employee and patron equally liable to prosecution. Yet, it falls short of an ideal law because its operations are limited to seven places frequented by the public and does not cover private places where the itching palm flourishes, such as apartment houses and boarding houses.
To stop tipping in hotels, restaurants, cafés, dining cars, railroad stations and cars, sleeping cars or barber shops will be a long stride in the right direction, but the need of stopping tipping to messenger boys, janitors and other employees of apartment houses, maids and waitresses in boarding houses, garbage collectors, mail carriers and policemen among government employees, trunk transfermen, guides, steamship employees and others too numerous to cite, is fully as urgent.