General invitation to bid, contents
This law covers how movie distributors ask theater owners to place bids to show a film. The invitation to bid must include specific details like how many times the film will show, where it will show, and when bids are due. Before a theater owner can place a bid, they or someone working for them must first watch a special screening of the film called a trade screening. If no one bids or the bids are not good enough, the distributor has to try bidding one more time, and if that still does not work, they can then talk directly with all theater owners to work out a deal.
407.355. General , contents — ding procedure — must have attended to bid. — 1. If bids are from exhibitors for the purpose of entering into a , the invitation to bid shall specify:
(1) The number and length of s to which the invitation to bid applies;
(2) Whether the invitation to bid applies to a first or subsequent run;
(3) The geographic area for each run;
(4) The names of all exhibitors who are being given an invitation to bid;
(5) The date, hour, and location at which the bid is required to be made;
(6) The name and address of the location where the bids will be opened, which location shall be within this state.
2. If the picture that is the subject of a bid has not already been trade screened within this state, the soliciting the bid shall include in the invitation to bid the date, time, and location of the trade screening of the motion picture that is the subject of the invitation to bid. An exhibitor is prohibited from submitting a bid unless the exhibitor or his has attended a trade screening of the motion picture for which bids are being solicited.
3. If a distributor issues invitations to bid for a motion picture and he receives no bids for the motion picture, he may then negotiate for the picture with all exhibitors on the bid list. No further bidding is required. If a distributor receives bids which are not acceptable to the distributor the first time the motion picture is bid, he must rebid the motion picture a second time and if after bidding the motion picture a second time the bids are unacceptable, he shall notify all exhibitors of such rejections and then may negotiate the motion picture. No further bidding is required and all exhibitors must be given an opportunity to negotiate.
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Source & history notes
(L. 1982 S.B. 525 § 3)
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