**FILE** Third Street Diner employee Jessica Prignano takes a smoke break at the bar in the diner in Richmond, Va., on Monday, Nov. 23, 2009. Starting Dec. 1, restaurants across Virginia that allow smoking must segregate smokers into enclosures with ventilation systems separate from those that heat and cool nonsmoking patrons. (Associated Press)

**FILE** Third Street Diner employee Jessica Prignano takes a smoke break at the bar in the diner in Richmond, Va., on Monday, Nov. 23, 2009. Starting Dec. 1, restaurants across Virginia that allow smoking must segregate smokers into enclosures with ventilation systems separate from those that heat and cool nonsmoking patrons. (Associated Press)