Most states have a specific statute (often called defrauding an innkeeper) that makes it a criminal offense to obtain food, lodging, fuel, or other accommodations at a restaurant, hotel, ski resort, campground, marina, gas station, or other establishment, with the intent not to pay for such goods and services—or to secure credit at such an establishment through fraud or other means of deceit (false pretenses).

Proof that a person refused or neglected to pay for such food, lodging, fuel, or accommodations, or gave payment that was not honored (declined credit card, bad check) is generally proof of such fraudulent intent not to pay for the goods or services.

The definitions and punishment for this criminal offense vary from state to state, but generally may be prosecuted as a misdemeanor or as a felony, and may include confinement in jail or state prison. In some states, if the amount owed was disputed and the amount offered in payment was refused, a person cannot be convicted under the statute.

Employee Paycheck Deductions

Some states have laws—usually statutes in the labor or employment code—that prohibit employers in the service industries (restaurants, bars, hotels) from deducting any amount of a check, bill, or tab owed by a customer from the employee’s pay—but other states do not have laws that prohibit such deductions.

In practice, most employers will not make such deductions unless they believe the employee was negligent or complicit in the walked-out or dine and dash tab. And if the employee’s employment is at will, the employer can generally fire the employee for a dine and dash tab.

In Alabama, defrauding an innkeeper is considered a criminal offense under Alabama Code § 13A-9-12, which covers 'Fraud in obtaining food, accommodations, or lodging at a hotel, inn, restaurant, etc.' This statute makes it illegal to obtain such services with the intent not to pay. The law presumes fraudulent intent if a person refuses to pay, provides a declined credit card, or issues a bad check. The severity of the offense can range from a misdemeanor to a felony, depending on the value of the goods or services obtained and other circumstances, potentially leading to fines and imprisonment. Regarding employee paycheck deductions, Alabama does not have specific statutes in its labor or employment code that prohibit employers from deducting amounts owed by customers from an employee's pay. However, general wage and hour laws may provide some protections. Employers may not make deductions that would bring an employee's pay below the minimum wage and must comply with any contractual or policy provisions regarding deductions. Employers in Alabama can typically terminate at-will employees for any legal reason, including issues arising from a customer's failure to pay a bill.