N.Y. Military Law § 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.