If bids are solicited from exhibitors for the licensing of a motion picture in the State:

(a) The invitation to bid shall specify (1) the number and length of runs for which the bid is being solicited, whether it is a first, second or subsequent run and the geographic area for each run; (2) the names of all exhibitors who are being individually solicited; (3) the date and hour the invitation to bid expires and (4) the location, including the address, where the bids will be opened at the distributor‘s place of business in the film exchange center.

Terms Used In South Carolina Code 39-5-530

  • Bid: means a written or oral offer or proposal by an exhibitor to a distributor in response to an invitation to bid or otherwise stating the terms under which the exhibitor will agree to exhibit a motion picture. See South Carolina Code 39-5-510
  • Distributor: means any person engaged in the business of distributing or supplying motion pictures to exhibitors by rental or licensing. See South Carolina Code 39-5-510
  • Exhibitor: means any person engaged in the business of operating one or more theaters. See South Carolina Code 39-5-510
  • Invitation to bid: means 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. See South Carolina Code 39-5-510
  • Run: means the continuous exhibition of a motion picture in a defined geographic area for a specified period of time. See South Carolina Code 39-5-510

(b) All bids shall be submitted in writing and shall be opened at the same time and in the presence of exhibitors or their agents.

(c) After being opened, bids shall be subject to examination by exhibitors or their agents. Within seven days, exclusive of Saturday and Sunday, after a bid is accepted, the distributor shall notify in writing each exhibitor who submitted a bid of the terms of the accepted bid and the name of the winning bidder.

(d) Once bids are solicited, the distributor shall license the picture only by bidding and must solicit rebids if he does not accept any of the submitted bids.