(ii) in the case of a food service or drinking establishment, either the establishment in which the communication occurs has less than 3,750 gross square feet of space (excluding space used for customer parking and for no other purpose), or the establishment in which the communication occurs has 3,750 gross square feet of space or more (excluding space used for customer parking and for no other purpose) and--
(I) if the performance is by audio means only, the performance is communicated by means of a total of not more than 6 loudspeakers, of which not more than 4 loudspeakers are located in any 1 room or adjoining outdoor space;
So most establishments have a defense. Maybe this one did. But the judge heard from only one side since the restaurant never showed up to court. Too bad.
"Bond reflected that good Americans were fine people and that most of them seemed to come from Texas." - Ian Fleming, "Casino Royale"