Saying the new state law that prohibits smoking in restaurants and bars is killing business, Assemblyman Howard Mills of Hamptonburgh next week will introduce legislation to create a smoking license for bars.

Establishments who have to have liquor licenses and for a $100 per year fee, be able to apply for a smoking license.

“The issue for me is choice; I, myself, am a non-smoker,” he said. “I understand the terrible health risks associated with smoking, but I people have the right to make their own choices and that the smoking ban went too far, was too much big government telling people what they have to do and how to live their lives, and I believe that ultimately, it will be found unconstitutional.”

Mills’ legislation would leave it up to the individual if they want to work at a bar with smoking, and to patrons as to if they want to frequent a tavern with a smoking license.

Right now, Mills said people who live close to the border of New Jersey, are crossing state lines to enjoy their smoke in the Garden State where there is no smoking law.