Virginia Code 59.1-259: Bidding procedures
If bids are solicited from exhibitors for the licensing of a motion picture within the Commonwealth, then:
Terms Used In Virginia Code 59.1-259
- bid: means a written offer or proposal by an exhibitor to a distributor in response to an invitation to bid for the right to exhibit a motion picture, stating the terms under which the exhibitor will agree to exhibit a motion picture;
8. See Virginia Code 59.1-257
- distributor: means any person engaged in the business of distributing or supplying motion pictures to exhibitors by rental, sale or licensing;
4. See Virginia Code 59.1-257
- exhibitor: means any person engaged in the business of operating one or more theaters;
5. See Virginia Code 59.1-257
- in writing: include any representation of words, letters, symbols, numbers, or figures, whether (i) printed or inscribed on a tangible medium or (ii) stored in an electronic or other medium and retrievable in a perceivable form and whether an electronic signature authorized by Virginia Code 1-257
- invitation to bid: means a written or oral solicitation or invitation by a distributor to one or more exhibitors to bid for the right to exhibit a motion picture;
7. See Virginia Code 59.1-257
- run: means the continuous exhibition of a motion picture in a defined geographic area for a specified period of time. See Virginia Code 59.1-257
1. The invitation to bid shall specify (i) whether the run for which the bid is being solicited is a first, second or subsequent run; (ii) whether the run is an exclusive or nonexclusive run; (iii) the geographic area for the run; (iv) the names of all exhibitors who are being solicited; (v) the date and hour the invitation to bid expires; and (vi) the time, date and the location, including the address, where the bids will be opened, which shall be within the Commonwealth or the District of Columbia or Prince Georges and Montgomery Counties, Maryland.
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 was 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.
1978, c. 764.