2023 New York Laws › GMU - General Municipal › Article 10 - Firefighters and Police Officers › 204-A - Raising of Funds for Fire Company Purposes.

§  204-a.  Raising of funds for fire company purposes. 1. Definitions.
As used in this section:
a. "Fire company" means:
(1) A volunteer fire company of a county, city, town, village or  fire
district  fire  department,  whether  or  not  any such company has been
incorporated under any general or special law,
(2) A fire corporation the members of which are volunteer firefighters
and was incorporated, and which is not included within subparagraph  (1)
of  this  paragraph,  if  such  corporation  is by law under the general
control of, or recognized as a fire corporation by, the governing  board
of a city, town, village or fire district, or
(3) A fire corporation the members of which are volunteer firefighters
and  which  was  incorporated  under,  or  established  pursuant  to the
provisions of, any general or special law, which is not included  within
this  subparagraph  and  subparagraph  (2)  of  this  paragraph, if such
corporation is by law under the general control of, or recognized  as  a
fire  corporation by, the governing board of a city, town, village, fire
district or a district corporation other than a fire district.
b. "Fund  raising  activity"  means  a  method  of  raising  funds  to
effectuate  the lawful purposes of a fire company, but shall not include
any method prohibited by the state constitution or the penal statutes of
this state, public fireworks displays  unless  conducted  in  compliance
with  section  405.00  of the penal law, or the conduct of a business or
other commercial enterprise except on temporary basis for  a  period  or
periods  not to exceed a total of ninety days in any calendar year. Such
term  "fund  raising  activity"  shall  not  include  drills,   parades,
inspections,   reviews,  competitive  tournaments,  contests  or  public
exhibitions, described in paragraphs e  and  i  of  subdivision  one  of
section  five  of  the  volunteer firefighters' benefit law, even though
prizes are awarded at such events.
c. "Governing board of the political subdivision" means the  governing
board  of  the  county,  city,  town,  village,  fire  district or other
district corporation, as the case may be,  where  the  fire  company  is
under  the  general  control of, or recognized as a fire corporation, by
such governing board.
2. Subject to the provisions of  this  section,  a  fire  company  may
engage  in  a fund raising activity. Two or more fire companies may join
in any such activity, and for the purposes of this  section  such  group
shall be deemed a "fire company."
3.  A  fund  raising  activity  shall not be conducted contrary to the
by-laws, rules or regulations  of  the  fire  company  or  of  the  fire
department of which it is a part.
4.  A  fund raising activity must be conducted within the state of New
York. It shall be under the exclusive auspices of  a  fire  company  and
shall   not   be   conducted  in  partnership  with  any  other  person,
organization, firm or corporation. This subdivision shall not be  deemed
to  prohibit  the  letting  of  concessions,  or  the  entering  into of
contracts for rides or other attractions, at  such  activities,  or  the
acceptance  of  aid and assistance of persons who are not active members
of the fire company, or of other organizations, firms  or  corporations,
in  connection  with  such  activities.  The  acceptance of such aid and
assistance shall not subject the political subdivision to any  liability
as  an  employer  under the volunteer firefighters' benefit law, section
two hundred seven-a of this article, the workers' compensation  law,  or
any other comparable law.
5.  The  firehouse, firehouse grounds, fire vehicles and apparatus, or
other property, real and personal, generally used by  the  fire  company
for its purposes may be used by it in the conduct of any such activity.
6. The governing board of a political subdivision may, by resolution,
(a) prohibit the fire company from engaging in fund raising activities
or in any general or specific type of fund raising activity,
(b) require the fire company, at its expense, to provide any insurance
protection  which  such  governing  board deems necessary to protect the
political subdivision against claims and actions for  damages  by  third
parties arising out of or in connection with a fund raising activity.
7.  Participation by volunteer firefighters in fund raising activities
shall not be deemed  to  constitute  "duty  as  volunteer  firefighters"
within the meaning of section two hundred five-b of this article.
8.  Notwithstanding  the  foregoing  provisions  of  this section, the
provisions of this subdivision shall be applicable only in  relation  to
fund  raising  activities  for which benefits would be paid and provided
pursuant to paragraph m of  subdivision  one  of  section  five  of  the
volunteer firefighters' benefit law:
(a)  Before engaging in a fund raising activity the fire company shall
cause the governing board of the political subdivision to be notified in
writing that it proposes to conduct such activity. Any such notice shall
contain a general description of the method which will be used to  raise
funds  and  shall  specify  the  time or times when, the place or places
where, and the period or periods  during  which  the  activity  will  be
conducted  and  shall  set  forth the names of the firefighters who will
serve on each of the committees or subcommittees in connection with  the
activity.  Any  such  notice shall be filed with the clerk, secretary or
other comparable officer of such governing board. In the event  that  no
action is taken by such governing board prohibiting such activity within
thirty  days  after  the  filing of such notice, then it shall be deemed
that the governing board has no objection to such activity and the  fire
company may proceed to conduct the same.
(b)  Sales  of  tickets  for admission to or in connection with a fund
raising activity shall be by persons appointed as a committee  for  such
purpose and shall be for or in relation to a fund raising activity to be
held within sixty days after the sale of the tickets commences.
(c)  Members  of the fire company conducting the fund raising activity
who attend or participate in the activity  for  their  own  pleasure  or
convenience,  and  not as a worker in connection therewith, shall not be
deemed to be engaged in the conduct of such activity.