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it looks to me like this all hinges on the private/public portion of the business owner's location. i'm looking into this now, perhaps an attourney can answer it lickedly split like, but it seems that a private business run in an area zoned for commercial real estate, where the public is explicitly invited to enter, is considered more of a hybrid entity between a private residential area, and a public government building or park area. in conjunction with this, these businesses have to conform to certain public regulations and safety codes. not by means of disclosure, but by means of eliminating certain hazards. this isn't about someone telling granny that she can't smoke in her house while she knits sweaters to sell on ebay. i don't understand what's so mystifying about the public interest when it involves the production of airborn carcinogens and biological materials that clog the airways and lungs of passersby. i think the worker safety aspect may be the strongest, easiest place to see this; but i think you can make a legal argument based solely on public health nuissance.
i just hope that i can go down to my local tobacconist / bar that sells actual beer and ale, have myself a pipe and a pale ale in the company of likeminded people who have specifically chosen that environement. i'm thinking that license for public use of tobacco products should enable that.
wash, rinse, repeat.
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You don't love me, you just love my piggy style
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