New York Military Law
Sec. § 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. * NB Effective until September 1, 2017 * 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 April next 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 September 1, 2017
Source
Last accessed
Dec. 13, 2016