Manhattan’s swankiest nightclubs might be duping patrons into paying fees as high as 22 percent for questionable “operations charges” — a practice which officials say is illegal and which is the subject of a city investigation, The Post has learned.
The Meatpacking District bottle-service hot spot SL, run by the EMM Group, tacks a 3 percent operations fee onto the “suggested” 15 percent gratuity for alcoholic drinks that average $17 a pop, receipts show.
“SL applies a mandatory 3% operations charge to all bottle service at our venue. This charge is used to offset a variety of ever-changing costs that affect our particular business,” reads a notice on the back of a receipt.
Another EMM club, Finale on the Bowery, adds operations fees of 5 percent for booze and 22 percent for bottle service, receipts show. Drinks there average $16 each.
“This ‘operations fee’ is not a gratuity and is not distributed to the service staff or dancers as a gratuity,” reads the fine print at the bottom of one receipt.
Along with SL and Finale, other EMM clubs, like Bow and Tenjune, are also being investigated for the charges, the city Department of Consumer Affairs said.
EMM is run by Mark Birnbaum and Eugene Remm.
Jason Strauss and Noah Tepperberg’s Tao Group — which owns Lavo, Tao and Avenue — is also under investigation , officials said.
“Even if listed on a menu or receipt, surcharges are illegal in New York,” said Consumer Affairs spokeswoman Abigail Lootens.
“Consumers may not be charged for something they did not ask for and receive.”
Some club operators told The Post the fees defray the cost of credit-card charges. Others said they were just the price patrons pay to be seen in their swanky digs.
“Our prices and pricing policies are clearly presented to our guests before an order is placed,” said Tao Group COO Bill Bonbrest.
“We do not charge any hidden fees, and our pricing policies are lawful.”
A lawyer for EMM, Carolyn Richmond, said the charges are lawful.
“EMM Group has worked very hard to ensure that its menus and checks very clearly disclose all pricing and charges to their customers and that their employees are also clearly aware of all gratuities received,” Richmond said.
Clubgoers, however, can dispute the fees with their credit-card companies and may be able to get a refund.
Visa and American Express said they would look at operations charges and give customers money back on a case-by-case basis.