Local prosecutors say they won't charge Humberto Taveras for not leaving a big enough tip at Soprano's Italian and American Grill in Lake George.
The 41-year-old Long Island man was arrested Labor Day weekend when the restaurant owner accused him of not leaving an 18-percent gratuity required for large parties.
Taveras says he wasn't aware of the policy -- and wouldn't have left that much money anyway because he wasn't happy with the service.
The Warren County District Attorney's Office says a restaurant patron can't be forced to leave a gratuity.
Prosecutors say establishments have to call it a service charge -- not a tip -- in order to make it a mandatory add-on charge.