NY1 and the New York Post report that there is a loophole in the state smoking ban that allows waivers to be granted to businesses than can prove financial hardship due to the ban. The catch? The New York City smoking ban does not have a provision for such waivers. William Van Slyke, State Department of Health Spokesman, says that the exemption does apply in New York City. City health officials are reviewing the state’s memorandum regarding the law. Meanwhile 75 businesses upstate have applied for waivers.