If the restaurant is all booked up, they turn people away. If some of those reservations are held by scalpers, and the scalpers don't find a buyer, the table will be empty when it may have been used if not for the actions of the scalpers.
What the students did was to break this unenforceable contract, and convert an agreement to make a transaction at some point in the future into a pure option on their part. That's stealing value.
If the restaurants want to do this, that's one thing. If the restaurant attempts to cultivate an image of being the hip spot to be seen, then it's in their interest to seat anyone dressed nice, or has money to throw around, or whatever, preferentially. But I would expect that they take this factor into account when setting the wages of the maitre d, just as they account for tips when setting the waiters' wages. Thus, the restaurant captures the value.
If this became prevalent, I would expected restaurants to move back to a model of calling names, or asking the name as if they can't tell from what number buzzer you had. Psychologically, buying a buzzer would seem okay to a lot of people who would not be comfortable if what you were selling is "listen for Charlie, party of 4, and say you're Charlie".
All the above applies equally to buzzers or waiting in an physical queue. If the queue is visibly large or if the host says it's a 45 minute wait rather than a 20 minute wait, some patrons will go elsewhere.
I agree it's a bit shady to sell reservations, and I would be uncomfortable to play any role in this (person in line, person buying, student selling, or restaurant employee), but how is it "dishonest"? That implies deception, and I see none.
Selling reservations definitely violates the egalitarian "first-come, first-served" nature of the restaurant queue. If I were a restaurant owner, I wouldn't let it happen out of fairness to the people in the queue who don't want to pay. Both choices send strong signals, certainly, but I think that's a choice on the restaurant's part.
Isn't it deceptive to make a reservation at the restaurant without any intentions to ever show up?
Call the restaurant and tell them "we would like to reserve 10 seats with the intention of selling them on the free market". If they give you the reservations, you have a honest business.
Omitting the truth is just as dishonest as lying. You don't try and parse technicalities with honesty, either you were acting in good faith or you weren't, not telling the restaurant that you intend to sell the reservations - something certainly outside their expectations - is deceptive and is most certainly dishonest.
Saying things like that makes me think you're a sophist.
See?
Well, that moral principle is not going to generalize well.
But let's resist the urge to play moral philosopher and consider the facts: Would the restaurants want to stop you from doing this?
I don't think it's obvious. If I pick up half a dozen extra reservations and then try to sell them, I don't really add to the workload of the greeter, unless I pick up substantially more than end up being used. (Obviously, if you try to get 100 reservations, sell five, and return the other 95, the restaurant is going to stop you. So, don't do that!)
What you're essentially doing is allowing people to buy a better position in line. That seems perfectly rational: An upcoming reservation, like a stock option, is a commodity, so one can put a price on it, right? And it's worth noting that restaurants do this all the time [1]:
http://news.ycombinator.com/item?id=318827
...it's called "bribing the maitre'd", and they don't advertise it, even though -- if it weren't for other considerations -- it's a good thing for the restaurant. A person who is willing to pay cash money to get in to your restaurant faster is probably someone with (a) more money to spend, so they're likely to order wine and dessert and all the good stuff that pads the profit margin, or (b) a big fan of your restaurant, such that they'll pay extra to come to your restaurant instead of the less-busy restaurant down the street, or (c) about to become a big fan of your restaurant, because they can always get a seat there right away; it's just a matter of a few bucks!
So the real mystery is why restaurants don't do this themselves. I suspect that the answer is social signaling: A restaurant doesn't want to be the entity that makes the majority of its customers feel poor. For every person whom you allow to publicly buy their way to the front of the line, you send a message to an entire line-full of other people that they're just too cheap or too poor to do the same thing. The point of a restaurant is to allow people to feel rich at a fixed rate, not to force them to feel poor at variable rates. So before long your restaurant will have a reputation as "that obnoxious place which caters to snooty rich people who want to show off all their money". Unless that's your business plan, that isn't a good idea.
(It is this, not the fear of breaking some non-existent law against overtipping maitre'ds, that keeps the practice of bribing maitre'ds below the radar. It's okay to spend money for better service; it's impolite for either party to call attention to it.)
The solution that these entrepreneurs have come up with is to create two queues: The queue run by the restaurant, and a separate queue containing the reservations owned by the entrepreneurs, which they will sell for a fee. The genius of this is that there's a strict limit to how many rich people can buy their way ahead of you: The entrepreneurs only have so many spots ahead of yours. Then the entrepreneurs can fix the fee to enter their queue, which will help prevent unsightly bidding wars from breaking out in front of the restaurant. And, because the whole scheme is run by a third party, the restaurant doesn't have to adjudicate disputes, or explain all this to everyone who shows up, or spoil their reputation as scrupulously fair egalitarians who would be shocked -- shocked! -- by the offering of a bribe.
So my guess is that restaurants might be okay with this, if it's done right. (i.e. The right number of "buyable" reservations vs the usual ones, the right fixed rate, no intimidation of customers, and of course no counterfeit reservations. I believe it is the latter two problems that have given rise to laws against ticket scalping.)
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[1] How great is it that when trying to google this article the first thing I find is the HN link?