my alternate states that when an employer says that they're charging a healthy san francisco surcharge, they need to let the city know that they're spending that money on health care. if they are not, they could be facing significant consumer actions. the ordinance makes a number of other changes, but i also want to mention one final part of my alternate. which is, are there any legal issues with what is being proposed? and the language does get challenged in a court, and the court fines for those changes, which i do not think what happened, and i have included supervisor campos' language in the alternate that i have. so that his language would then prevail if anything would happen in court. all this being said, i do understand that there many issues at hand. i look forward to hearing the testimony. i also want to let folks know that what i proposed as an alternate is simply a starting point for a discussion, and i look forward to other potential ideas of things that we could do. i am not necessarily wedded to the deadlines and the dates and specifics. but my goal is to figure out a wa

pocket the bulk of that money. >> reporter: there are fewer than 100 restaurants in san francisco that have the surcharges. supervisor cam pose' legislation is slated for a vote later this month. monty francis, nbc bay area news. >>> up next now, paying for a scandal. a well-known porn publisher is offering a million bucks to tarnish rick perry. >>> it can appear in the blink of an eye, but by then, it's too late. what it takes to keep freeways safe from trash. and the real reason this junk is left on the side of the road for days. >>> the south bay man who fell asleep on the job and wound up in jail because of it. his story is unusual. >>> and good evening. i'm chief meteorologist jeff ranieri. gorgeous sunset in san jose. plenty of sunshine as we count down the last hours of summer. we did have cooling in san jose with 86 degrees. we'll talk more about some big-timein just a few.and showers in jt a fe [ cow mooing ] ♪ [ female announcer ] there's no need to produce foods yourself to be sure they're 100% natural. ♪ now there's open nature foods from safeway. no preservatives, no artificial anything. all

surcharge. patrons led to believe restaurants are complying with the city's 2008 law requiring them to supply health benefits to their workers. but is it? according to a report, one market restaurant in san francisco's financial district only paid out $12,646 in healthcare expense to its employees. they kept more than $100,000. more than 90 restaurants in san francisco levy a surcharge. >> of that money, only 20%, about 12 million, have been spent on healthcare. that means $50 million that should have spent is not happening. >> reporter: keeping the money isn't illegal but supervisor david campos wants to tighten loopholes introducing legislation forcing funds to remain available to employees until 18 months after they leave a job. >> if they don't, they are not meeting their obligation under the law. >> reporter: are they fined? >> they are in violation of local law and then there are certain personalities embedded in the law. >> reporter: restaurant owners contend the surcharge also pays for the city's higher minimum wage. the city's employment tax and employees' sick leave. but health advocates say the fine print is misleading on restaurant menus. and in some cases, employees themselves have a ha

san francisco diners have the worst tempers. the average tip is 18.6%. that compares to the national average of 19.2%. some food critics are speculating the surcharges for the health insurance program but san francisco diapers are the worst tippers. >> that is interesting. i tip really based on the service. i don't do the 15 or 20%. i try to reward people with good service. >> i am native and i like to think i am not cheap when it comes to tipping. if i am going to be cheap i might as well stay home. >>> we have a crash on the peninsular, southbound 101 as you head to the hawley street area. give yourself time, two lanes are blocked may be three now that emergency vehicles have arrived. two is -- 280 is a much better bet, you can head-on after hawley street so give yourself a lot of time as you drive passed the hallly street area. morning -- hawley street area. >>> who major problems -- no major problems getting into san francisco. and if you are heading 280 westbound, there are a lot of people out on the road, 5:50 let's go to steve. >>> low clouds and fog, there is an issue getting up over the coastal hills but it is moving south also towards san

san francisco diners the worst tippers. the average tip at a san francisco restaurant is 18.6%. that compares to the national average of 19.2%. some critics speculate diners are deducting the 4% surchargecisco health insurance program. >>> a new survey shows this is likely to be another rough holiday season for retailers. shoppers are expected to make fewer trips to stores and when they do show up, they're likely to head straight for the bargains they've researched in advance. meantime, businesses have been working to keep inventory to a minimum so they don't have to -- can avoid markdowns that eat into their profit margins and create shortages for people who wait until the last minute to shop, mr. clark. >>> a major contract dispute in between longshoremen and their bosses got heated in longview, washington with the arrest of a dozen people. it happened when protestors blocked a train track yesterday. one by one officers led protestors away, but at one time a scuffle broke out between two men and police. officers tackled the men and spray -- pepper-sprayed them. protestors are now facing felony assault charges. >>> our time is 7:50. you won't believe what one kindergartner brought to

san francisco, sal castaneda, ktvu channel 2 news. >>> more details now on just how much under graduate fees and tuitions have gone up. it increased by $500 in 2007 when a new surcharget into effect. by 2009 it was nearly $9,000. and in 2010 tuition fees and surcharges pushed the cost to $10,300. >>> organizers of a now cancelled children's art exhibit say they are disturbed and disappointed by the decision. the showing was called a child's view from gaza. it was supposed to take place at the children's museum of art. but the museum cancelled it saying they heard from parents that the images were too violent. >> they in fact, had done a very similar project a while ago of art that iraqi children had drawn. and they were the same images. being bombed, being shot at. and there was no problem. you see they had no problem in showing that exhibit. >> reporter: the middle east children's alliance is certainly searching for a new venue to host the exhibition. >>> 10 years after the september 11th attack, the homeland security department is looking for answers. >> reporter: dianne feinstein opened today's intelligence meeting on an optimistic note. she welcomed general petra