When used in this article:
(a) "Theater" means any establishment in which motion pictures are exhibited to the public regularly for a charge.
(b) "Distributor" means any person engaged in the business of distributing or supplying motion pictures to exhibitors by rental or licensing.
(c) "Exhibitor" means any person engaged in the business of operating one or more theaters.
(d) "Exhibit" or "exhibition" means showing a motion picture to the public for a charge.
(e) "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.
(f) "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.
(g) "License agreement" means any contract, agreement, understanding or condition between a distributor and an exhibitor relating to the licensing or exhibition of a motion picture by the exhibitor.
(h) "Trade screening" means the showing of a motion picture by a distributor at a location within the State or in the Film Exchange Center in the State of North Carolina which is open to any exhibitor interested in exhibiting the motion picture.
(i) "Blind bidding" means the bidding for, negotiating for or offering or agreeing to terms for the licensing or exhibition of a motion picture if the motion picture has not been trade screened within the State or in the Film Exchange Center in the State of North Carolina before any such event has occurred.
(j) "Run" means the continuous exhibition of a motion picture in a defined geographic area for a specified period of time. A "first run" is the first exhibition of a picture in the designated area; a "second run" is the second exhibition and "subsequent runs" are subsequent exhibitions after the second run.
HISTORY: 1978 Act No. 523 Section 2; 1979 Act No. 33 Sections 1, 2.
Structure South Carolina Code of Laws
Chapter 5 - Unfair Trade Practices
Section 39-5-10. Short title; definitions.
Section 39-5-35. Requiring certain insurance coverage as unfair trade practice.
Section 39-5-36. Resale of tickets for more than original price.
Section 39-5-39. Attorney advertising in false, deceptive, or misleading manner.
Section 39-5-40. Article inapplicable to certain practices and transactions.
Section 39-5-42. Misrepresenting food or food products as product of South Carolina.
Section 39-5-50. Injunction; orders or judgments to restore property.
Section 39-5-60. Assurance of voluntary compliance with article.
Section 39-5-70. Investigative demand by Attorney General.
Section 39-5-80. Additional powers of Attorney General.
Section 39-5-90. Service of notice, demand, or subpoena.
Section 39-5-110. Civil penalties for willful violation or violations of injunction.
Section 39-5-120. Dissolution, suspension, or forfeiture.
Section 39-5-130. Duty of solicitors, county, and city attorneys.
Section 39-5-140. Actions for damages.
Section 39-5-145. Price gouging during emergency; definitions; penalty; evidence.
Section 39-5-147. Charitable solicitations during emergencies; penalty.
Section 39-5-149. Registration of agent to receive notification of state of emergency.
Section 39-5-150. Limitation of actions.
Section 39-5-160. Article is cumulative.
Section 39-5-170. Vehicle glass repair business; unlawful practices.
Section 39-5-180. Vehicle glass repairs; false claims.
Section 39-5-310. Definitions.
Section 39-5-320. Retail sale by wholesaler at wholesale price is an unfair trade practice.
Section 39-5-330. Retail sale at lower than wholesale price is an unfair trade practice.
Section 39-5-340. Liability of wholesaler.
Section 39-5-510. Definitions.
Section 39-5-520. Blind bidding prohibited; notice of trade screenings required.
Section 39-5-530. Contents of invitation to bid; examination of bids; rebids.
Section 39-5-540. Waiver of blind bidding prohibited.
Section 39-5-550. Applicability.
Section 39-5-710. Short title.