"Any profit the establishment makes from the music being played should be offset by the exposure the music gets to potential purhcasers. This isn't the same as making copies of a product and handing it out for free."
Would the restaurants, bars, and clubs have the same atmosphere and draw the same number of patrons without the music?
Of course not, but would they have the same atmosphere if they didin't have lights, toilets or a floor? Should the toilet manufacturer get a yearly fee for the use of the tolilet? I mean, the owner purchased it and is undercutting the toilet maker by allowing public use of it, right? I see no real difference.
I guess that's a nice idea, but that's not the law. You're free to disagree with the law, but don't be surprised when ASCAP comes and tells you to either buy a license or shut down. They have the law on their side.
There's no point in arguing this if you're going to be absurd. If toilets came under the scope of copyright law, maybe you'd have a point.