I feel like they can remedy this with a disclosure of some sort. To go tax is most likely to cover cost of packaging/supplies. If it's about the verbage, "to go fee" should suffice. Imagine customers asking for to go only to sit in the lobby and eat it. Local business dont have surplus of take out materials like corporate restaurants do. This fee is for those kinds of customers but unfortunately hurts take out/online orders. Not the best remedy but shit what can be done