NY Mil L § 183 (2021)
2021 New York Laws MIL - Military Article 9 - Armories 183 - Use of Armories.

§ 183. Use of armories. 1. Armories may be used as follows:   a.  By  members  and units of the organized militia and cadet corps of such units.   b. On application of one or more  posts  or  chapters  of  the  United Spanish  War Veterans, the American Legion, the Veterans of Foreign Wars of the United  States,  the  Disabled  American  Veterans,  the  AMVETS, American Veterans of World War II, the Jewish War Veterans of the United States,  Inc., the Catholic War Veterans, Inc., the Italian American War Veterans of the  United  States,  Incorporated,  the  Polish  Legion  of American Veterans, Inc., the Army and Navy Union of the United States of America,  Vietnam Veterans of America, posts of the Masonic War Veterans of the state of New York, Incorporated, or groups or  squadrons  of  New York Wing, Civil Air Patrol, or of incorporated associations of veterans of  units  of the organized militia, or one or more posts or chapters of organizations of sons of veterans of any war of the United States or  of the Reserve Officers Association of the United States, or those historic military  commands  set  forth  in  section  two hundred forty-a of this chapter, approved by the officer in charge and control  of  the  armory, and  by  his  military  superiors  as  prescribed  by regulations issued pursuant  to  this  chapter  and  under  such  restrictions  as  may  be prescribed by the adjutant general, the officer in charge and control of an  armory  shall provide a proper and convenient room or rooms or other appropriate space in such armory where such posts or chapters  may  hold regular  and  special  meetings  and  organizational  social events of a private nature without the payment of any charge  or  expense  therefor, provided  that such use does not interfere with the members and units of the organized militia stationed in such armory.   c. By a civil  association  existing  under  the  provisions  of  this chapter  and located in the armory, for the purpose of holding athletic, military or social events of  a  private  nature  conducted  solely  and exclusively by and for such civil association, provided that the same is approved  by  the officer in charge and control of the armory and by his military superior as prescribed by regulations issued pursuant  to  this chapter.   d.  Subject  to the provisions of this section, by any federal, state, county and municipal bureau, agency or department or by the armed forces of the United States or by the  reserve  components  thereof  for  their official  business,  provided  that such use does not interfere with the members and units of the organized militia stationed in such armory  and provided  that such use is approved by the officer in charge and control thereof and by his  military  superiors  as  prescribed  by  regulations issued  pursuant  to  this  chapter. Armories shall be made available to boards of election for designation as places for registry and voting  as provided by section sixty-six of the election law.   e. (1) By a person, firm, association or corporation, not specified in subdivisions  a  to d both inclusive of this section, actually using the same, for such purposes and upon such terms as may be  approved  by  the officer  in  charge  and  control  of  the  armory  and  by his military superiors as prescribed by regulations issued pursuant to  this  chapter and  provided  that such use will not, and only so long as such use does not interfere with the use of the armory by the members and units of the organized militia stationed therein.  (2) The person, firm, association or corporation applying for such use of space within an armory shall execute and deliver a written  agreement which  shall  include  among  its  provisions  his  or its full name and address, the purpose for which such  use  is  desired,  the  nature  and manner   of  the  intended  use  of  such  space,  the  full  amount  of compensation of any kind or nature whatsoever to be  paid  as  rent  for  such  use,  the amounts to be paid for heating, lighting, janitorial and other services connected with such  use.  The  rental  terms  and  other provisions  of  such  agreement  shall be governed by regulations issued pursuant  to  this  chapter,  which regulations shall include provisions designed to prevent unfair competition with privately owned property and business.  (3) No such agreement shall be effective and no armory may be so  used unless and until such agreement shall have been approved and executed by the  officer  in  charge  and  control of the armory and shall have been approved by his military superiors as prescribed by  regulations  issued pursuant to this chapter.  (4)  No such agreement may be assigned in whole or in part nor may the said space or any part thereof be sublet to or used by any person, firm, association or corporation not a party to such  agreement,  unless  each such  assignment,  subletting  or  use  first approved in writing by the officer in  charge  and  control  of  the  armory  as  may  be  provided specifically therein.  (5)  All  moneys paid or given, directly or indirectly, for the use of an armory or to obtain an agreement or permission to use the same, shall be deemed rentals within the meaning of this section and shall  be  paid to  the  officer  in  charge and control of the armory. Any person other than the officer in charge and control of the armory  who  receives  any such  moneys  shall forthwith pay over the same to the officer in charge and control of the armory, who shall within thirty days after  receiving the same distribute such moneys in the manner prescribed in this section and  make  report  of  such  distribution  to  his military superiors as prescribed by regulation issued pursuant to this chapter.   f. Notwithstanding any of the provisions of this  section,  when  such use  of  an  armory  is by a federal, state, county or municipal bureau, agency or department, or by any of the armed forces of the United States or any of the reserve components thereof, or  by  any  reserve  officers training  corps  unit,  the  adjutant  general,  in  his discretion, may require the execution of a contract or agreement for such use, upon such terms and conditions as he  may  prescribe.  A  surety  bond  or  public liability  and property damage insurance policy shall not be required of the United States or of any department or officer thereof, and,  in  the discretion  of  the  adjutant  general,  they  may  be dispensed with in connection with any other use of an armory under this paragraph.   g. Subject to the provisions of this section, by  any  city,  town  or village  in  the  county  wherein  located  or by any department, board, bureau or other agency thereof, or by any voluntary agency  directly  or indirectly   under  contractual  arrangement  with  any  such  municipal corporation, without charge for the use thereof, for the purposes of any program designed to  reduce  juvenile  delinquency  including,  but  not limited  to social and athletic events and club work, provided that such use does not interfere with the  members  and  units  of  the  organized militia stationed in such armory, and provided that such use is approved by  the  officer  in  charge  and  control  thereof  and by his military superiors, as prescribed by regulations issued pursuant to this chapter.   h. On application of a secondary school, the  officer  in  charge  and control  of  an  armory  shall  provide appropriate space in such armory where an athletic team of such school may hold practice sessions without the payment of any charge or expense therefor, provided  that  such  use does  not  interfere with the members and units of the organized militia stationed in such armory.   i. On application of a representative of  an  organization  sponsoring amateur  athletic  activities,  the  officer in charge and control of an armory shall provide appropriate space in such armory where an  athletic  team of such organization may hold practice sessions and such officer in charge  may  charge  such  organization  a  fee for such use only to the extent of additional expenses incurred by the division as  a  result  of such use, provided that such use does not interfere with the members and units of the organized militia stationed in such armory.   2.  a.  A  surety bond to the people of the state shall be executed by the person, firm, association or corporation applying to use  any  space in  an armory pursuant to subdivision 1e of this section and by a surety company. Such bond shall be conditioned to indemnify and  save  harmless severally  the  state,  the  city  and the county in which the armory is situated, the members and  units  of  the  organized  militia  stationed therein and the civil associations existing under the provisions of this chapter  and  located  in the armory from any loss, damage or expense to the armory or to any property of the said state, county, city,  members, units  or  civil  associations or of the United States therein, accruing from or incident to such use, and the expense of heating,  lighting  and janitorial  and  other services connected with such use. Such bond shall be approved as to form and sufficiency by the officers who approved  the agreement for the use of the armory.   b.  An  action for breach of such agreement and an action on such bond may be brought in the name of the people of the state  by  the  attorney general  or  by  a  judge  advocate and all moneys recovered in any such action or actions shall be paid to the treasurer  or  other  appropriate financial  officer of the state, county, city or civil association or to the member or unit of the organized militia as the case requires.   3. In the discretion of the officer  in  charge  and  control  of  the armory, the person, firm, association or corporation applying to use any space  in  an  armory  may be required to furnish a public liability and property damage insurance policy in amounts, to be fixed by such officer in charge and control,  as  will  protect  the  officer  in  charge  and control,  the  United States of America, the state of New York, the city and county in which the armory is located, the members and units of  the organized  militia  stationed therein and the civil associations located in such armory and all persons employed therein from any and all claims, demands, damages, expenses, liability or obligation for damages, loss or injury to or of person or property arising out of acts of, or the use or occupation of the armory and surrounding premises by such person,  firm, association  or  corporation and his or its agents, servants, employees, and those acting for or in his or its behalf.   4. An armory shall not be used for political  or  religious  purposes, except  that  an  armory  may  be  used  for  the purpose of holding the national or state  convention  of  a  political  party  with  the  prior approval of the officers mentioned in subdivision 1e of this section and upon  the  execution  and  delivery  of  an  agreement,  bond and public liability and property damage  insurance  policy  as  provided  in  this section.   5.  All moneys paid as rent as provided in this section, together with all sums paid to cover  expenses  of  heating  and  lighting,  shall  be transmitted  by  the officer in charge and control of the armory through the adjutant general to the state treasury for deposit to  the  agencies enterprise fund armory rental account.