Louisiana Revised Statutes 37:2904 – Bidding procedures
Terms Used In Louisiana Revised Statutes 37:2904
- bid: means any offer or proposal by an exhibitor to a distributor for the right to exhibit a motion picture or which states terms under which the exhibitor will agree to exhibit a motion picture. See Louisiana Revised Statutes 37:2902
- distributor: means any person engaged in the business of distributing or supplying motion pictures to exhibitors by rental, sale or licensing. See Louisiana Revised Statutes 37:2902
- exhibitor: means any person engaged in the business of operating one or more theatres. See Louisiana Revised Statutes 37:2902
- invitation to bid: means any solicitation or invitation by a distributor to one or more exhibitors to bid, negotiate or otherwise attempt to secure the right to exhibit a motion picture. See Louisiana Revised Statutes 37:2902
- run: means the continuous exhibition of a motion picture in a defined geographic area for a specified period of time. See Louisiana Revised Statutes 37:2902
If a distributor communicates an invitation to bid to one or more exhibitors in the state, then:
(1) The invitation to bid shall specify (a) whether the run for which the bid is being solicited is a first, second or subsequent run; whether the run is an exclusive or nonexclusive run; and the geographic area for the run; (b) the names of all exhibitors who are receiving an invitation to bid on the picture; (c) the date and hour the invitation to bid expires; and (d) the time, date and location, including the address, where the bids will be opened, which shall be within the state.
(2) All bids shall be submitted in writing and shall be opened at the same time and in the presence of those exhibitors, or their agents, who submitted bids and are present at such time.
(3) Immediately upon being opened, the bids shall be subject to examination by exhibitors, or their agents, who submitted bids, and who are present at the opening. Within ten business days after the bids are opened, the distributor shall notify each exhibitor who submitted a bid either the name of the winning bidder or the fact that none of the bids were acceptable.
(4) Once bids are solicited, the distributor shall license the picture only by bidding and may solicit rebids if he does not accept any of the submitted bids.
Added by Acts 1977, No. 663, §1, eff. July 1, 1978. Amended by Acts 1980, No. 366, §1.