Page:H.R. Rep. No. 94-1476 (1976) Page 255.djvu

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255

TEXT ADOPTED BY SENATE TEXT OF EXISTING LAW TEXT OF COMMITTEE SUBSTITUTE AMENDMENT
(B) is located in an establishment making no direct or indirect charge for admission;
 
(B) is located in an establishment making no direct or indirect charge for admission;
(C) is accompanied by a list of the titles of all the musical works available for performance on it, which list is affixed to the phonorecord player or posted in the establishment in a prominent position where it can be readily examined by the public; and
 
(C) is accompanied by a list of the titles of all the musical works available for performance on it, which list is affixed to the phonorecord player or posted in the establishment in a prominent position where it can be readily examined by the public; and
(D) affords a choice of works available for performance and permits the choice to be made by the patrons of the establishment in which it is located.
 
(D) affords a choice of works available for performance and permits the choice to be made by the patrons of the establishment in which it is located.
(2) An “operator” is any person who, alone or jointly with others:
 
(2) An “operator” is any person who, alone or jointly with others:
(A) owns a coin-operated phonorecord player; or
 
(A) owns a coin-operated phonorecord player; or
(B) has the power to make a coin-operated phonorecord player available for placement in an establishment for purposes of public performance; or
 
(B) has the power to make a coin-operated phonorecord player available for placement in an establishment for purposes of public performance; or
(C) has the power to exercise primary control over the selection of the musical works made available for public performance in a coin-operated phonorecord player.
 
(C) has the power to exercise primary control over the selection of the musical works made available for public performance in a coin-operated phonorecord player.