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More than 35,000 bars and casinos have been exempt from the state's 2-year-old ban on indoor smoking on the job, a ban that extends to the non-tavern areas of restaurants.

That exemption was expected to continue until 1999, and legislation to do just that was the object of intense lobbying and negotiations in the Capitol during most of this year, pitting the tavern and casino owners against the anti-smoking health groups. The exemption was viewed as a routine procedure until it gradually became caught in the Byzantine politics of the Capitol. Even so, many Capitol observers believed it would be approved during the waning days of the Legislature's session.

Not so.

As the clock ticked away to adjournment, nothing happened. The bill died, and the exemption died with it.

That means that most bars and casinos in California will be off-limits to smokers beginning Jan. 1. The only exceptions are establishments on Indian reservations and those taverns that are so small -- the so-called "Mom and Pop" bars -- that they have no workers other than their owners.

The critical question, of course, is this: Who is going to enforce it? As written, the California law leaves enforcement to local agencies. Tavern owners who allow smoking after Jan. 1 could be fined $100 for a first offense, and up to several thousand dollars for subsequent offenses.

Smokers, too, can be fined, with the amount set by local law enforcement.

Bar and casino owners have generally opposed the ban, contending it costs them business, and they already are engaged in restoring the exemption when the Legislature convenes in 1998.

Some owners say they may be forced to lay off employees, while others predict pandemonium as smoking and non-smoking customers clash. Some unions have cautioned their bar and restaurant workers not to get involved in the dispute, fearing that if workers turn in smoking customers they could face problems on the job.

Since the ban applies to indoor smoking, some tavern owners are considering setting up covered patios, complete with heating for winter weather.

And what about the increasingly popular cigar lounges, which have become fixtures in many upscale taverns? Will they be forced to close?

Nobody knows for certain how the new law will take effect. But one thing is likely: for bar hoppers who smoke, this New Year's Eve will be a night to remember.

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