A restaurant implementing the surcharge is free to use the new funds however it likes, though it must also make it clear that the surcharge is not a substitute for a tip or gratuity for waitstaff.
" Nobody really believes that you're confused about the right amount for a gratuity.
Speaking of tips, you should never offer the bar staff a cash gratuity.
I once had a table of 12 people, so gratuity was included.
Sometimes large parties are unaware that a gratuity has been added to the bill, so they tip on top of it.