Ohio Rev. Code » Chapter 1333
Ohio Revised Code

Ohio Rev. Code § 1333.07 (2026)

Invitations to bid

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Effective:
October 23, 1978
Latest Legislation:
House Bill 806 - 112th General Assembly
PDF:
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(A) If bids are solicited from exhibitors for the purpose of entering into a license agreement, the invitation to bid shall specify:

(1) The number and length of runs 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.

(B) If the motion picture that is the subject of a bid has not already been trade screened within this state, the distributor 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.

(C) Every distributor shall furnish to all exhibitors in this state reasonable and uniform notice of all trade screenings that are held within this state of motion pictures that he is distributing.

(D) All bids shall be submitted to the distributor in written form. The distributor or his agent shall open all bids at the same time and in the presence of at least one of the exhibitors, or the agent of an exhibitor, who has submitted a bid.

(E) Any exhibitor, or the agent of an exhibitor, who submits a bid for a particular run of a motion picture may, at reasonable times within sixty days after the bid is opened, examine any bid that is made for the same run of the motion picture by another exhibitor. The exhibitor may inspect the bids even if the distributor rejects all bids that are submitted. Within seven business days after a bid for a particular run of a motion picture is accepted, the distributor shall notify in writing each exhibitor who submitted a bid for that run of the motion picture of the terms of the accepted bid and the identity of the successful bidder. Any bid submitted is nonreturnable.

(F) If a distributor issues invitations to bid for a motion picture, he shall not enter into a license agreement for the exhibition of the motion picture except by means of the bidding process specified in this section. If the distributor rejects all bids submitted pursuant to an invitation to bid, he shall notify all exhibitors who submitted bids that he rejected all bids and shall issue a new invitation to bid.
Notes of Decisions
Cited in 7 cases, 1958–1986 · leading case: Allied Artists Pictures Corp. v. Rhodes, 496 F. Supp. 408 (S.D. Ohio 1980).
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Allied Artists Pictures Corp. v. Rhodes, 496 F. Supp. 408 (S.D. Ohio 1980). · cites it 13× “(D) Any provision of a license agreement that waives any of the prohibitions of, or fails to comply with, this section or section 1333.07 of the Revised Code is void and unenforceable.”
Seven Gables Corp. v. MGM/UA Ent. Co., 721 P.2d 1 (Wash. 1986). · cites it 4× “1985); Ohio Rev. Code Ann. § 1333.07 (Page 1979).”
Allied Artists Pictures Corp. v. Rhodes, 473 F. Supp. 560 (S.D. Ohio 1979). · cites it 7× “§ 1333.07. *563 Plaintiffs ask the Court to declare the Act unconstitutional and to enjoin its enforcement, claiming that the Act: infringes their First Amendment rights of free speech; violates the Commerce, Supremacy and Equal Protection clauses of the United States…”
Olin Mathieson Chem. Corp. v. Ontario Store of Price Hill, 223 N.E.2d 592 (Ohio 1967). · cites it 2× “In the former case six members of this court held that former Section 1333.07, Revised Code, a part of the Fair Trade Act, constituted an unauthorized exercise of the police power in that there was no substantial relation between the act and the public safety, morals or general…”
Hudson Distributors, Inc. v. Upjohn Co., 176 N.E.2d 236 (Ohio Ct. App. 8th Dist. 1961). · cites it 4× “Miles case, no attempt seems to have been made to legislate on the question of sanctioning by law agreements coming within the oribt of statutes designated as “Fair Trade Laws” until 1931 when California passed as a part of the Business and Professions Code, Sections 16900 to…”
Union Carbide & Carbon Corp. v. Bargain Fair, Inc., 167 Ohio St. (N.S.) 182 (Ohio 1958). · cites it 6× “Í # * * 5 Section 1333.07. “Whoever knowingly and wilfully advertises, offers for sale, or sells any commodity at less than the minimum price stipulated in any contract entered into under Section 1333.”
Hudson Distributors, Inc. v. Upjohn Co., 174 Ohio St. (N.S.) 487 (Ohio 1963). · cites it 2× “The syllabus reads: “Section 1333.07, Revised Code, a part of the Ohio Fair Trade Act, which prohibits those who are not parties to a price-fixing contract between the producer of a trademarked commodity and another from selling such commodity for less than the price stipulated…”
Ohio Rev. Code § 1333.07(C): 1 case
Allied Artists Pictures Corp. v. Rhodes, 496 F. Supp. 408 (S.D. Ohio 1980). “(D) Any provision of a license agreement that waives any of the prohibitions of, or fails to comply with, this section or section 1333.07 of the Revised Code is void and unenforceable.”
Ohio Rev. Code § 1333.07(D): 1 case
Allied Artists Pictures Corp. v. Rhodes, 496 F. Supp. 408 (S.D. Ohio 1980). “(D) Any provision of a license agreement that waives any of the prohibitions of, or fails to comply with, this section or section 1333.07 of the Revised Code is void and unenforceable.”
Ohio Rev. Code § 1333.07(E): 1 case
Allied Artists Pictures Corp. v. Rhodes, 496 F. Supp. 408 (S.D. Ohio 1980). “(D) Any provision of a license agreement that waives any of the prohibitions of, or fails to comply with, this section or section 1333.07 of the Revised Code is void and unenforceable.”
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