Definitions

407.350. Definitions. — As used in sections 407.350 to 407.357, unless the context clearly requires otherwise, the following terms mean:

(1) "Bid", a written or oral proposal by an exhibitor to a distributor, which proposal is in response to an invitation to bid or negotiate and states the terms under which the exhibitor will agree to exhibit a motion picture in this state;

(2) "Blind bidding", bidding, negotiating, offering terms, accepting a bid, or agreeing to terms for the purpose of entering into a license agreement prior to a trade screening of the motion picture that is the subject of the agreement;

(3) "Distributor", any person engaged in the business of renting, selling, or licensing motion pictures to exhibitors;

(4) "Exhibit" or "exhibition", showing a motion picture to the public for a charge;

(5) "Exhibitor", any person engaged in the business of operating a theater in this state;

(6) "Invitation to bid", a written or oral solicitation or invitation by a distributor to one or more exhibitors to bid or negotiate for the right to exhibit a motion picture in this state;

(7) "License agreement", any contract between a distributor and an exhibitor for the exhibition of a motion picture by the exhibitor in this state;

(8) "Run", the continuous exhibition of a motion picture in a defined geographic area for a specified period of time. A "first run" means the initial exhibition of a motion picture in a designated geographic area for a specified period of time, a "subsequent run" means any continuous exhibition of a motion picture in a designated geographic area for a specified period of time after the first run;

(9) "Theater", any establishment in which motion pictures are exhibited regularly to the public for a charge;

(10) "Trade screening", the showing of a motion picture by a distributor in the two largest metropolitan areas, which showing is open to any exhibitor interested in exhibiting the motion picture.