The health department is regulating the actions of the business and business owner. Not the patrons. The Health Department can tell the owner and staff that they can't smoke in the food prep area. The Health Department can not tell them they can't smoke outside behind the business, or in their car on the way to or from work, or in their home before or after work.<quoted text>I've always seen what you mean, but - and here is the bigger than life but - if your business is open to the public, and I mean anybody (meaning it is not a private club), then it is subject to laws and regulations - normally local. Like if you owned a restaurant, I would guess that the health department would be in once every 30 days to conduct an inspection. Afterall, unless you're serving rat burgers - those rat turds behind the fridge probably would warrant a citation. Also, my guess is that the fire marshall (re: department) would want to do a 90-day inspection of your fire protection systems. Lastly, and this is the biggie, if you choose to be selective in who you admit to your restaurant - be it based on race, creed or color, well I don't have to tell you what may happen next. See, the public - you, me, the other guy - we all want to make sure that we're not taking our family out to a rat-infested, matchstick pile of hay that only serves white heterosexual males.
Is it the restaurant owner that sets rules about what is proper attire in their business, or is it the government? Are you saying it should be the government?