Midknight, among other things, you are wrong about not coming into a bar and arresting a drunk. When drunks get loud, aggressive and disorderly, the bar calls the cops and the subject is arrested for public drunkness and disorderly conduct.
A place that serves the public is a public place unless it is operating as a private club where paying membership is required.
One other thing, smokers are in a clear minority. Major companies are forbidding smoking on the job, some will not hire you if you are a smoker and some will fire you if you are smoking at home. The health considerations of smoking are impacting insurance costs. If you want to smoke, use a pistol instead, it is quicker and more painless...cheaper in the long run also..