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,  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 the 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  forsuch  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  athleticteam 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.    * NB Effective until July 31, 2011    * 5.  a.  Fifty  per  centum of 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.    b. The balance of such moneys paid as rent shall be transmitted to the  adjutant general who shall hold the same until the first  day  of  Aprilnext  ensuing  and  he  shall  then apportion and divide the same to and  among all the units of the organized militia located within the state in  proportion to the number of  officer  and  enlisted  personnel  assigned  strength  on  the  preceding March thirty-one as certified in accordance  with regulations  issued  pursuant  to  this  chapter.  Such  moneys  so  apportioned and divided shall become a part of the military fund of each  such  unit  and  shall  be  in  addition to and not in diminution of any  amount constituting the military fund of  such  unit  according  to  any  other provisions of this chapter.    c.  Any  unobligated balances remaining in the military funds of units  of the organized militia  at  the  end  of  any  fiscal  year  shall  be  transmitted through the adjutant general to the state treasury.    * NB Effective July 31, 2011