The state Department of Health has exempted 361 taverns in Allegheny County from the state smoking ban, and officials say the number is not excessive.

"I expected 20 percent and it's only 16 percent of total liquor licenses in Allegheny County," said Cindy Thomas, executive director of Tobacco Free Allegheny.

That means 6.5 percent of the 5,500 businesses in the hospitality sector of Allegheny County can permit smoking.

The health department said 1,727 taverns qualified for an "exception" from the state Clean Indoor Air Act, which banned smoking in public places and retail establishments including restaurants, effective Sept. 11. Exceptions are listed on the health department Web site at www.health.state.pa.us.

Ninety percent of all applications for an exception were approved, said Stacy Kriedeman, health department spokeswoman. Taverns can allow smoking only if their food sales are less than 20 percent of total revenues. In Fayette County, 63 exceptions were approved, with 62 in Westmoreland County and 54 in Washington County. The exceptions have yet to be posted for Beaver and Butler counties.

While the application process continues, any tavern that failed to apply for an exception before Sept. 11 must ban smoking until its application is approved, Ms. Kriedeman said.

Taverns must reapply annually for the exception.

Ms. Kriedeman said the state next will evaluate applications from "type 2" establishments -- restaurants that also operate bars. Smoking is banned in restaurants. But under type-2 rules, smoking can be permitted in the bar if it has a separate entrance and ventilation system with a full wall dividing it from the restaurant. On-site inspections are necessary before type 2 exceptions can be granted, she said.

To date, the health department has received 771 complaints of smoking violations statewide and has issued 170 violation notices. Ms. Thomas said that her agency, Tobacco Free Allegheny, has received about 30 complaints against establishments in Allegheny County.

But the state strategy in the early months of the ban is to notify business owners that they face fines of up to $1,000 if they fail to eliminate smoking inside establishments not exempt from the law.

"We have received multiple complaints on some facilities," said Ms. Thomas said, noting that Tobacco Free Allegheny holds a contract to investigate complaints in Allegheny County.

Some complaints were dismissed because the tavern had applied for an exemption before the Sept. 11 deadline, which allowed it to permit smoking during the application process. Any tavern where smoking is permitted must post signs on the door and ban anyone under 18 from entering.