North Dakota tavern owners, upset about legislation that would ban smoking in their establishments and most other public places, are asking lawmakers to defeat a proposal for tough new anti-tobacco restrictions.

Allan Leier, a Bismarck bar owner, said customers who don't like smoking have the option of drinking elsewhere.

"I have owned the Main Bar for 12 years going on 13 years. I have yet to force anyone into my bar," Leier said, adding, "I've thrown a few out."

The legislation would ban smoking in most public places, beginning Aug. 1. Bars and clubs run by fraternal groups, such as American Legion or the Elks Club, would have until August 2007 before they are subjected to the ban.

Hotels, tobacco stores, and private residences that aren't used for child care would be exempted. Hospitals run by the state are also not included.

Sen. Ralph Kilzer, R-Bismarck, the bill's primary sponsor, said the hospital exemption was in response to concerns from health care workers, who worried that patients wouldn't get needed help if they were prevented from smoking.

The House Human Services Committee examined the bill Monday. Last month, the House defeated a more lenient smoking regulation measure, after stripping it of the provisions that affected private businesses.

Rep. Lee Kaldor, D-Mayville, a sponsor of the bill, said restrictions are necessary to protect people when they go out. Restaurants, bars and other businesses already submit to health inspections, he said.

"It is a public health issue, and it is really not about rights," he said. "Public health issues have changed the way we do business."

Dr. John Windsor, a Bismarck osteopath at St. Alexius Medical Center's heart and lung clinic, said secondhand smoke can cause blood clots and arterial spasms.

"We have an opportunity to protect the citizens of North Dakota, and those citizens are our families and our friends," he said.

However, opponents say restaurant and bar patrons can gauge the risks of secondhand smoke without state intervention.

Bill Shalhoob, a Bismarck businessman and spokesman for the North Dakota Hospitality Association, said current health regulations monitor business practices that the customers cannot oversee themselves.

"Our customers cannot evaluate … cooking times, kitchen condition or cleanliness, and the Health Department performs that function on their behalf," he said. "(Customers) are able to make a personal decision to patronize an establishment based on food quality, presentation, consistency, service, atmosphere, price-value relationship and, yes, smoking policy."

Bar owners say they are worried about a hit to their revenues if the bill is approved.

"If our customers wanted a nonsmoking bar, I'd be the first to hang up the no smoking sign," said Warren Schneider, owner of The Dog House Saloon in Bottineau. "Just the thought that I could be forced to turn my bar into a nonsmoking bar, quite frankly, scares me."

The bill is SB2300.