This is actually pretty common. I’ve been in a few bands the last 15 years and the whole BMI scam regarding bars and restaurants.
In one case in the northeast a bar that allowed “original only” acts was told me must pay the royalties fee (it can be over a thousand dollars a month), he refused, saying his bands only do originals. But they said they would sue because a band “might” do a cover.
So he no longer has ANY music in his venue.
I could ramble for pages on this issue.
Could you be convicted because you, "might," kill someone?
Thing is, you can’t have a radio, a jukebox, a turntable, a performer, or a television in your bar if you don’t cough up to the enforcer shakedown goons in BMI and ASCAP. They will pursue you over the songs in a Burger King commercial (of course, there is no accounting of what songs were played or when so none of the collected moneys actually go to the affected performers, they look at what is commonly played these days EVERYWHERE, not per your establishment, and apportion from that).