It's a misdemeanor here, and police have to witness a misdemeanor for the police to charge you. If you weren't still in the store if they were called, then the store manager would have to sign a complaint for you to be charged. I think this is pretty much universal misdemeanor procedure in the states, but couldn't say for sure.
Btw, Waffle House -- various folks have posted about them through the years, and seems it is totally up to each location since they are run totally by franchise. Whether there is a corporate "recommendation" who knows, but seems some post, maybe most of them dunno. But it's clear that there's no standard FOR the postings which you would suspect would not be the case if it were required by the home office.