"As long as Art. 2, No. 8 GSG makes it a prerequisite of the smoking ban that the restaurant be "open to the public" and it is therefore inferred in practice – which cannot be objected to constitutionally – that under certain conditions "smoking clubs" are not covered by the smoking ban in restaurants (see the Guidance for Implementation from the Bavarian Ministry for Environment, Health and Consumer Protection), it can also not constitute a violation of the right of the complainant in 2) to practice her chosen profession (Art. 12, Paragraph 1 GG). Nothing else applies with regard to the autonomy (Art. 2, Paragraph 1 GG), which the complainant in 3) can claim as a foreign national for his profession (see BVerfGE 104, 337 <346>). Financial burdens that cannot be applied equally or that are unacceptable for individual classes of the restaurant industry are not displayed with the constitutional complaints and can also not be identified. The possibility of turning a restaurant into the establishment of a "smoking club", whose members are allowed to smoke there, does not depend on requirements that the owners of certain groups of restaurants cannot satisfy. The requirements mentioned in the Guidelines for Implementation for the approval of a "smoking club" – fixed member structure with familiar or available member list, admission controls with the exclusion of "walk-in customers", no purchasing of membership at the entrance of the restaurant – can be met particularly in specially organized restaurants such as that of the complainant in 3) or in "drink-oriented minor gastronomy" (getränkegeprägten Kleingastronomie)."