2023 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
miscellaneous special revenue fund - 339 armory rental account.