Bull! The others are not "waivers". I don't necessarily agree with all of them but I can see them for safety and health. I know you're going to say so is the ban. Wrong, the others are not something the general public can readily verify (building codes, food prep, etc). If you walk into a smoking establishment it is readily apparent. You then can immediately make a decision to stay or not. I would even go so far that they could say it has to be posted at the door (both smoking and smoke free). Anything else is fascism.
They're not waivers in the traditional sense. They're all basically requests to the government to operate your business in a certain way. I understand your argument about the safety and health permits, but beyond that, they also have to have permits for food and liquor, which are also readily apparent when one walks through the door of a bar. Basically, it's government forcing the tide of clean air in restaurants to be opt-out rather than opt-in. Being that I value clean air when eating and going out, I prefer it this way. But in a society like this, we're welcome to disagree and put it to a vote.