BARKEEPS FUMING OVER SMOKING BAN

Local owners join statewide chorus of complaints

Where there's no smoke, sometimes there's fire.

At least that was the case Thursday when two dozen angry tavern owners
gathered in Cupertino to vent their ire over California's new smoking ban.
On the books for only nine weeks, the law isn't working -- certainly not
for them -- said the men and women who were meeting to rally support for
its repeal.

Except for the heat of the rhetoric, the air was clear and clean. Not a
single cigarette or stogie could be detected in the Peacock Lounge on
Homestead Road -- one of several venues around the state where barkeeps had
come together to voice unflagging opposition to the measure, which many say
is ruining their businesses. Similar sessions were being held in San
Francisco, Los Angeles, Sacramento and San Diego.

``This is a ridiculous law. We're trying to make a living here,'' said
Carol Araizaga, owner of San Jose's Almaden Lounge. ``Ninety percent of my
customers smoke. And I've never had a single non-smoker complain about it
- -- never once in 15 years.''

One after another, local operators denounced the restriction for driving
away customers and cutting into their receipts. The law has been tough not
only on them but also on their employees, who have lost tips and wages,
some said.

Designed to protect workers from secondhand smoke, the law prohibits
smoking in indoor workplaces, including restaurants, cardrooms and pool
halls. While some taverns have observed the ban, others have not.

The state Assembly last month voted to scrap the statute. The repeal bill
is under consideration in the Senate Health and Human Services Committee.

Its fate in the Senate is unclear.

``These people are hurting. They have bills to pay and families to feed,''
said Gary Auxier, spokesman for the National Smoking Alliance, which backs
repeal.

The Santa Clara County Department of Health reported Thursday that fewer
than 100 local bars so far have been reported in violation of the law.