Is this your fault that the industry as a whole legally shifts that responsibility onto the consumer? Definitely not! Does that make a person an asshole for knowingly paying less? Yes.
It's slightly more complicated: hourly wage is the greater of ($3 + tips) or (standard minimum wage). So, the effective minimum wage is still the standard minimum wage.
Again, the customer is asked to guess the restaurant’s payroll and make up the difference with the market wage. How does one know if they are paying too little? Or too much? Or just right? Maybe customers don’t want to play the guessing game.
Pay a competitive livable wage and raise the prices on the menu for the customer to determine the value of the product and stop asking/begging for tips. Done!
If a company chooses to pay more, their prices go up and they cant compete. Even though its just shifting the cost from a hidden to a declared one, its enough where restaurants struggle and either abandon the model or go out of business. Its an industry problem that needs to be fixed at that level, you cant just say "Go out of business, Done!" as thats not a realistic solution.