We can't, for instance, choose to speed down 29th Street at 70 mph. We can't have loud parties that disturb our neighbors. We can't let our garbage pile up at the side of the house for months on end. Restaurants owners already deal with many rules and regulations. Hot food has to be served hot and cold food, cold.
Food has to be stored properly and protected from vermin.
Dishes have to be washed in water of a certain temperature. Health codes have to be followed. These are rules and regulations we accept because they make sense and they protect the common welfare. Such is the case with the smoking ban. It is a health issue, pure and simple.