Unless other businesses other than those that operate like Jimbo's are stupid, You are still paying the tot. They just add it to the basic price of the meal or what ever they are selling and no one is the wiser and they do not risk breaking the law. By the way, Jack, when he took over Peg Leg from Neil Rooney put the then 3% tot on his checks thinking that it was a sales tax and wondered why Neil didn't do so.