New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter IV - Facilities Planning And Operation › Subchapter A - Division Of Building Administration › Part 301 - Use Of State Property › Section 301.6 - Procedures for application to use state property for public assembly

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Requests to use
					 State property for public assembly shall be made by applicant in the form
					 prescribed by the commissioner at least 30 calendar days prior to the requested
					 use date. The application must be signed by the applicant or an authorized
					 officer thereof and must set forth the name of the applicant, the proposed
					 date, time, duration, nature and location of the planned activity, a thorough
					 description of the activity, an estimate of the expected attendance and a
					 description of any facilities to be provided by the applicant or requested to
					 be provided by the commissioner in support of the activity. The office shall
					 respond to timely filed applications not later than five days prior to the
					 requested use date. The commissioner may, upon good cause shown, waive time
					 limitations for issuance of a permit for public assembly.
(b) Every applicant shall obtain insurance
					 coverage in accordance with the requirements of section
					 301.4(d) of this
					 Part unless granted a waiver by the office. An applicant may request and will
					 be granted a waiver from this insurance requirement where they can
					 satisfactorily demonstrate that (1) an event is protected under the First
					 Amendment of the United States Constitution, and (2) such insurance is either
					 so financially burdensome or otherwise unobtainable, so as to preclude the
					 applicant from conducting the event.
(c) The commissioner reserves the right to
					 require special facilities be provided at the applicant's expense. Such
					 facilities may include, without limitation, special security measures, first
					 aid facilities and adequate portable toilet facilities. Participants must also
					 comply with all applicable State and local health laws and
					 regulations.
(d) A public assembly
					 may be held only in the area indicated on the permit and during such dates and
					 times and in such a manner as authorized by the permit.
(e) If an application is denied, the
					 applicant will be informed in writing of the reason(s) for the denial, and will
					 be advised that the denial may be appealed by written request to the
					 commissioner submitted within 15 days of receipt of notice of such denial. The
					 commissioner may reverse, affirm or modify the original determination. The
					 commissioner's written determination on the appeal shall be provided no later
					 than 24 hours prior to the requested event time.
(f) In reviewing applications for public
					 assembly or denials thereof, the commissioner may consider the availability of
					 alternative times, dates, locations or manners for the conduct of such
					 activity.
(g) The commissioner may
					 revoke a permit at any time upon the grounds set forth in section
					 301.7 of this Part.