In addition, less than 1% of bars have expressed an interest in securing waivers to the New York State Anti-Smoking law, and employment in restaurants and bars has gone up over comparable periods a year earlier.

"I have always maintained that the anti-smoking legislation passed by both Nassau County and New York State had a purpose in protecting the health of employees and giving all New Yorkers a better quality of life," said Jacobs. "The results of this survey confirmed that this is indeed what has happened. Anti-smoking legislation relates directly to improvements in health."

Since July 24, smoking has been banned statewide in virtually all businesses, including bars, restaurants and bowling alleys. Since the state law went into effect, many tavern owners have complained that the ban was hurting business. However, the results of the state Health Department's survey indicates otherwise.

Under the state law, to which Nassau County adheres, a county must provide a smoking waiver process by which a business would be permitted a two-year exemption from the smoking ban. In Nassau County, the criteria for a waiver includes:

• Demonstrating financial hardship, i.e., that revenue has declined by 15% over the three months following the ban;
• Demonstrating a plan by which employees can be protected from second-hand smoke; and
• Demonstrate other exceptional economic impact circumstances.

"Smoking waivers should not be used as a loophole or to turn a public health issue into a monetary one," she said, "but Nassau County will be following the state law."

According to the Nassau County Health Department, the cost of the waiver application process is $500. A health department committee has been formed to review any applications, with the Health Commissioner ultimately responsible for accepting or denying the recommendation of the committee for each application. Business owners must still follow the Nassau County Law 7, 1997 version of the smoking law.

"As a supporter of the County's smoking law, I do not wish to see waivers diminish the intent of the law, but I am confident that the County's strict guidelines will be adhered to and that those qualifying will be the exception rather than the rule," said Jacobs.