[Calico Cat]

Yes--you can't operate a 'public nuisance' (i.e., a nudie dance joint that operates as a cover for prostitution rings and drug transactions; a bar in which music is still blaring and disturbing the neighbors at 3 a.m.). When exactly will the all-knowing 'State' decide that a bar that advertises itself as 'smoker-friendly' is a 'public nuisance'? Are they forcing people in at gunpoint? Are the employees slaves? What are your standards here? How much power are you willing to give the state over owners of private property? You're being ambiguous at best. You should clarify your position--since when can the State barge in and decide that people engaging in legal activity on PRIVATE PROPERTY need protection from themselves?

[cinFLA]

You should clarify your position--since when can the State barge in and decide that people engaging in legal activity on PRIVATE PROPERTY need protection from themselves?

You seem to forget that the state licenses the business. In obtaining the license you agree to abide by the rules. The state sets the rules based on input from the owners and patrons. The state does not "barge in on your private property". It has the right to inspect your commercial business that uses access to the public commerce. If you want to play on their field you have to play by their rules.