As used in Chapter 57, Article 5 NMSA 1978:
A. "corporation" means any subsidiary holding company, joint purchasing or selling association, business trust, joint stock association and officers and agents or employees serving in any capacity;
B. "person" means a natural person, partnership, firm of two or more persons having a joint or common interest or a corporation, association or business trust;
C. "producer" means all persons or their distributors or agents who make, manufacture, lease, license or sell motion pictures of any kind;
D. "distributor" means all persons or their agents who make, manufacture, buy, act as lessor, sell or traffic in motion pictures in any way;
E. "product" means any stated number of motion pictures, group, series or the annual output of motion pictures of any producer, manufacturer or distributor of motion pictures;
F. "theatre" means any auditorium, room, hall or place where motion pictures are exhibited, played or shown;
G. "exhibitor" means any person engaged in the showing and exhibition of motion pictures;
H. "competitive situation" means any municipality in which there are two or more persons engaged in the business of exhibiting motion pictures and each is a competitor of the other;
I. "competitive exhibitor" means any person owning or operating any motion picture show or theatre or who is in any way interested in the exhibition of motion pictures in any municipality where there are two or more competitive exhibitors engaged in the business;
J. "box office value" means the potential power of a motion picture to draw patronage;
K. "franchise" means any contract, agreement or understanding whereby a producer or distributor either grants or gives the exclusive right to use of its product to another producer, distributor, exhibitor or other person for a period of more than one year;
L. "first run pictures" means any motion picture that has not been previously exhibited or shown in a certain municipality;
M. "second run pictures" means any motion picture that has been previously exhibited or shown in one or more consecutive days in a certain municipality;
N. "first run theatre" means any theatre that exhibits first run pictures, and not more than two second run pictures in each calendar month, throughout the year;
O. "second run theatre" means any theatre that exhibits more than two second run pictures in any calendar month throughout the year;
P. "playing arrangement" means the number of days a motion picture is to be played, the admission price to be charged and the specific conditions governing the playing of a motion picture when any of these arrangements are specified in the contracts or leasing, licensing or renting arrangements between exhibitor and distributor;
Q. "play" means the exhibition, presentation or showing of motion pictures or productions in motion picture theaters; and
R. "state corporation commission" or "corporation commission" means the secretary of state.
History: Laws 1933, ch. 177, § 1; 1941 Comp., § 51-2701; 1953 Comp., § 49-5-1; 2013, ch. 75, § 15.
ANNOTATIONSCross references. — For first and second run theaters being determined by public regulation commission, see 57-5-22 NMSA 1978.
For provisions relating to the showing of obscene films by outdoor theatres, see 30-38-1, 30-38-2 NMSA 1978.
The 2013 amendment, effective July 1, 2013, defined "state corporation commission" and "corporation commission" to mean the secretary of state; added the introductory sentence "As used in Chapter 57, Article 5 NMSA 1978"; in Subsections A through Q, deleted "The term" at the beginning of each subsection; in Subsections A through Q, deleted "when used in the act, includes", "when used in the act, shall mean", and "when used in this act, shall mean and include" and added "means"; in Subsection C, after "persons or" deleted "corporations", in Subsection D, after "persons", deleted "or corporations"; in Subsection E, after "number of", added "motion", in Subsection G, after "person", deleted "firm or corporation"; in Subsection P, after "number of days a", added "motion" and after "motion picture", deleted "or pictures, are" and added "is", and after "playing of a", added "motion"; and added Subsection R.