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Boxoffice-11.11.1950

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BOXOFFICE<br />

FAIR TRADE PRACTICES CODE<br />

FOR DRIVE-INS IS DEMANDED<br />

Arkansas ITO Asks an End<br />

To Carload Rates, Free<br />

Children Admissions<br />

UTTLE ROCK, ARK—The Independent<br />

Theatre Owners of Arkansas has asked<br />

Theatre Owners of America to take drastic<br />

action to halt free admissions to children,<br />

car and truckloads of patrons at 50 cents<br />

to a dollar a load and other "abnormal and<br />

unbusinesslike means of attracting attention."<br />

These techniques, the ITO charged,<br />

are having a damaging and detrimental effect<br />

on the normal operations of their<br />

conventional and outdoor competitors.<br />

Criticizing such practices as busloads and<br />

carloads of persons at per car prices of 50<br />

cents to $1, and free admissions to children,<br />

the ITO executive board has asked TOA to<br />

survey the "extraordinary and destructive<br />

methods" and draft a plan of action to halt<br />

the harmful practices.<br />

WARN OF 'CHEAPE^fING<br />

INFLUENCE'<br />

Unless this is done, the Arkansas exhibitors<br />

warned, the practices will "bring about a<br />

dangerous cheapening of the operating standards<br />

of the industry among the American<br />

public" and serve to destroy normal and fair<br />

competition in the business.<br />

In the Memphis exchange territory, some<br />

drive-in operators are abusing the per car<br />

admission price regulations by admitting<br />

buses and trucks to enter the theatres with<br />

as many as 40 persons at a single per car<br />

price. TOA is asked to cite such practices to<br />

the Treasury department and make an effort<br />

to obtain "a new and more reasonable ruling"<br />

that would be applicable under fair trade<br />

practices and would eliminate "this entirely<br />

dangerous and destructive technique."<br />

The Arkansas group also says free admissions<br />

to children under 12 should be eliminated<br />

because the practice "serves only one<br />

purpose, namely, to create the impression<br />

that motion pictures are free and convenient<br />

rather than important entertainment that<br />

should be appreciated and bought."<br />

PROPOSE TOA SANCTIONS<br />

Drafting of a code of fair trade practices<br />

for its membership is recommended—for both<br />

Indoor and outdoor exhibitors — and that<br />

violators be denied TOA membership.<br />

The resolution, signed by Sam Kirby, president,<br />

and Jack Bomar, secretary-treasurer,<br />

asked that the protested practices be brought<br />

to the attention of distributors.<br />

List 2,472 Drive-ins<br />

HOUSTON—Andy Smith jr., general<br />

sales manager for 20th-Pox, reported at<br />

the TOA convention last week that the<br />

company's latest census of drive-in theatres<br />

shows 2,472 in operation, or equal<br />

in number to 12.8 per cent of the 21,783<br />

indoor theatres the company found open<br />

in the U.S.<br />

AT THE TOA CONVENTION<br />

Outdoor Exhibitors See Need<br />

For Some Type of Arbitration<br />

Houston<br />

The drive-in committee of Theatre<br />

Owners of America has recommended<br />

that some type of an arbitration board<br />

be established to settle differences between<br />

outdoor exhibitors, particularly in<br />

the problem of establishing product<br />

availability. Arbitration should be on a<br />

local level, it was voted in committee<br />

meeting.<br />

The outdoor exhibitors also want some<br />

type of clearance to be established and<br />

that distributors work out a system to determine<br />

which exhibitor gets first run<br />

drive-in dates—preferably on a basis of<br />

gross business.<br />

The overall resolution, proposed by<br />

H. A. Daniel of Seguin, Tex., also recommended<br />

that drive-in exhibitors play as<br />

great a variety of pictures on the same<br />

days as possible. The idea is to make as<br />

many pictures available each day as possible.<br />

Among outdoor exhibitors present, it<br />

was generally agreed that children up to<br />

six years old should be admitted free and<br />

that children from six to 12 should pay<br />

a 9-cent admission.<br />

Claude Ezell, veteran Texan who heads<br />

TOA's drive-in theatre committee, said<br />

outdoor owners in his state recently met<br />

in Dallas to settle some of their controversial<br />

problems. The Texans agreed,<br />

he said, to raise prices, to issue no passes,<br />

to eliminate "Buck" nights and each "give<br />

a little" so that all drive-ins may benefit<br />

from a healthy operating condition.<br />

Jack Braunagel of the Commonwealth<br />

circuit. Kansas City, stressed the advisability<br />

of playing 56-day spots—a practice<br />

of all six drive-in theatres in the Kansas<br />

City area. No one plays on a 28-day<br />

availability schedule, and no one has<br />

found a need to do so, he said. Sometimes,<br />

he said, his circuit holds a picture<br />

for a year. All films are bought in March<br />

—approximately 90 for the season—and<br />

are used when the managers deem it most<br />

advisable.<br />

"It makes little difference at the drivein<br />

how soon a picture is played," he said.<br />

"One of the top musicals of the summer<br />

season did not draw any better than a<br />

year old 'standard' when shown at the<br />

same time at two of our theatres. If a<br />

picture 'has it' and is shown on the right<br />

days it wiU make money without any consideration<br />

as to its availability.<br />

"Play what your customers like best.<br />

Don't try to knife your competitors<br />

ignore them. Have clean rest rooms, good<br />

snack bars," he advised.<br />

By-the-Busload, Boxtop Operators<br />

Not to Get Top MGM Availability<br />

HOUSTON—The first distributor to establish<br />

a policy of denying product to drive-in cases such an operation may very well be<br />

handling of such type of operations. In some<br />

theatre operators who promote business along considered as substantial competition with<br />

lines which are considered injurious to the the conventional theatre, whereas in others<br />

industry is Metro-Goldwyn-Mayer. W. F. it might not be so considered.<br />

Rodgers, vice-president and general sales "We do believe, however, that the operating<br />

policies of some drive-in operations can<br />

manager, outlined the new policy at the Theatre<br />

Owners of America convention here last be very well classed under the heading of<br />

week.<br />

unfair competition and I refer here to those<br />

Following is the text of Rodgers' statement types of operations who have free admissions;<br />

those that accept boxtops in exchange<br />

on drive-ins:<br />

"Another form of dissatisfaction in some for admission; those who advertise and invite<br />

quarters seems to be our treatment of the<br />

availabilities of our product to drive-in theatres.<br />

Although I can find no specific reference<br />

in the rulings of the federal courts<br />

to drive-in theatres, we believe that we have<br />

no alternative but to treat the drive-in theatre<br />

generally as we do the conventional<br />

theatre, if it operates as conventional theatres<br />

operate. Each theatre and each picture<br />

must be considered independently.<br />

"We do not have any formula for the<br />

busloads of patrons to attend the drive-in<br />

theatres at a specified price for the entire<br />

busload, and others who subordinate the attractions<br />

and level their sights on the development<br />

of their business on concessions.<br />

All of these we consider to be a deterrent to<br />

the development of our business. We do not<br />

believe that these offenders are entitled to<br />

the same availability on our product as those<br />

drive-in theatres that operate on a legitimate<br />

basis."<br />

:: November 11. 1950

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