So, through more searching, I found this for NYC:
http://www.cbsnews.com/stories/2003/...in546751.shtml
[ QUOTE ]
The ban covers all workplaces, including bars, small restaurants, bingo parlors and other venues not covered by the city's previous smoking law. Owners of establishments could be fined $400 for allowing smoking and eventually could have their business licenses suspended.
[/ QUOTE ]
It's still not a crime, it's a violation.