But can't you just choose not to work there if your company allowed smoking? You call your work place a "permanent seat", why is the bartender's work place any different? My point is that both workplaces are equivalent, and equivalent rules should apply.
Note, I have not stated how I personally feel about smoking. And I am not some bleeding heart who's trying to do what is best for poor waitresses and bartenders. I am putting my lawyer hat on, and trying to argue purely on logic.