I believe it is 10% based on alcohol sales vs other. If I recall correclty, it's updated every 2 years. If a location choses to be smoking and feel they meet the requirements, they are responsible (including financially) for an independent audit to prove they meet the requirments. Expectations were that the audits would be in excess of $1000 each time. I believe it's based on a common "ownership" and if a bar and restaurant is physically connected. ESPN would have no choice in this matter as they two components are obviously connected, under a common management and higher than 10% sales. It does not apply to outdoor venues.