Actually, if the restaurant only accepts payment by credit card, you are free to not pay. That's the concept of legal tender - if they want to demand payment of a debt (i.e. after you finish the meal) from you with backing by law, they _must_ accept legal tender. If they only accept credit card payments, they can't use the law to make you pay.
> This statute means that all United States money as identified above are a valid and legal offer of payment for debts when tendered to a creditor. There is, however, no Federal statute mandating that a private business, a person or an organization must accept currency or coins as for payment for goods and/or services.
Emphasis added is mine. US coins and currency are valid offers of payment for debts, but for most other purposes a vendor can choose what to accept. The uniform commercial code, §3-603, then states:
> If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument and the tender is refused, there is discharge, to the extent of the amount of the tender, of the obligation of an indorser or accommodation party having a right of recourse with respect to the obligation to which the tender relates.
Unless there are other statutes that apply (I'm not any kind of expert in this area), it sure sounds like if I make a valid offer of legal tender to an authorized agent of a creditor, and they refuse, I have satisfied the terms of the debt. So, if I owe someone $10,000 I can legally offer them one million pennies, which are legal tender under the Coinage Act of 1965 (perhaps I also should provide some form of proof that there are one million pennies in the truck so there's no dispute about that). They can also legally choose to reject it, but if they do then I no longer owe them anything.
That doesn't contradict what I said. If I pay up front, the restaurant can accept/deny whatever they want. If they want to recover a debt, they have to accept legal tender.
From reading the responses and thinking further on this: is this a culture-divide issue? Do you pay for meals in advance in US restaurants? If so, I've misspoken.
It depends on the type of restaurant. Table-service restaurants generally do not require payment in advance [if you look like you can pay]. Take-out, delivery, and counter-service restaurants generally require payment in full before fulfilling your order. Buffet restaurants are split: some require payment as you walk in the door, and others require payment on your way out.
This leads to the somewhat paradoxical situation where you cannot buy a hot dog on credit, but you can get a porterhouse, lobster tail, salad, baked potato, and a beer and not be expected to pay until well after the food is already beyond recovery.
So I started looking into this, because it's interesting.
So, merchants can reject cash for purchases[1] because cash is legal tender for all debts, public charges, taxes, and dues, and a purchase is not one of these.
The Wikipedia page [2] for dining and dashing states that ordering a meal is a contract debt, since you are given the food before the transaction occurs, with the understanding that you'll pay for it afterwards. Thus, if the merchant, after giving you the food, informed you that they only accept credit card, that would not be allowed.
It's completely true. If I finish my meal and don't have a credit card, the restaurant will be annoyed. I offer them cash, and they refuse the payment. I therefore leave without paying. The restaurant takes me to court for non-payment and I agree to pay. I pay in cash. From the link in your sibling comment:
"This statute means that all United States money as identified above are a valid and legal offer of payment for debts when tendered to a creditor"
