§ 204-A — Raising of funds for fire company purposes

§ 204-a. Raising of funds for fire company purposes. 1. Definitions.\nAs used in this section:\n a. "Fire company" means:\n (1) A volunteer fire company of a county, city, town, village or fire\ndistrict fire department, whether or not any such company has been\nincorporated under any general or special law,\n (2) A fire corporation the members of which are volunteer firefighters\nand was incorporated, and which is not included within subparagraph (1)\nof this paragraph, if such corporation is by law under the general\ncontrol of, or recognized as a fire corporation by, the governing board\nof a city, town, village or fire district, or\n (3) A fire corporation the members of which are volunteer firefighters\nand which was incorporated under, or established pursuant to the\nprovisions of, any general or special law, which is not included within\nthis subparagraph and subparagraph (2) of this paragraph, if such\ncorporation is by law under the general control of, or recognized as a\nfire corporation by, the governing board of a city, town, village, fire\ndistrict or a district corporation other than a fire district.\n b. "Fund raising activity" means a method of raising funds to\neffectuate the lawful purposes of a fire company, but shall not include\nany method prohibited by the state constitution or the penal statutes of\nthis state, public fireworks displays unless conducted in compliance\nwith section 405.00 of the penal law, or the conduct of a business or\nother commercial enterprise except on temporary basis for a period or\nperiods not to exceed a total of ninety days in any calendar year. Such\nterm "fund raising activity" shall not include drills, parades,\ninspections, reviews, competitive tournaments, contests or public\nexhibitions, described in paragraphs e and i of subdivision one of\nsection five of the volunteer firefighters' benefit law, even though\nprizes are awarded at such events.\n c. "Governing board of the political subdivision" means the governing\nboard of the county, city, town, village, fire district or other\ndistrict corporation, as the case may be, where the fire company is\nunder the general control of, or recognized as a fire corporation, by\nsuch governing board.\n 2. Subject to the provisions of this section, a fire company may\nengage in a fund raising activity. Two or more fire companies may join\nin any such activity, and for the purposes of this section such group\nshall be deemed a "fire company."\n 3. A fund raising activity shall not be conducted contrary to the\nby-laws, rules or regulations of the fire company or of the fire\ndepartment of which it is a part.\n 4. A fund raising activity must be conducted within the state of New\nYork. It shall be under the exclusive auspices of a fire company and\nshall not be conducted in partnership with any other person,\norganization, firm or corporation. This subdivision shall not be deemed\nto prohibit the letting of concessions, or the entering into of\ncontracts for rides or other attractions, at such activities, or the\nacceptance of aid and assistance of persons who are not active members\nof the fire company, or of other organizations, firms or corporations,\nin connection with such activities. The acceptance of such aid and\nassistance shall not subject the political subdivision to any liability\nas an employer under the volunteer firefighters' benefit law, section\ntwo hundred seven-a of this article, the workers' compensation law, or\nany other comparable law.\n 5. The firehouse, firehouse grounds, fire vehicles and apparatus, or\nother property, real and personal, generally used by the fire company\nfor its purposes may be used by it in the conduct of any such activity.\n 6. The governing board of a political subdivision may, by resolution,\n (a) prohibit the fire company from engaging in fund raising activities\nor in any general or specific type of fund raising activity,\n (b) require the fire company, at its expense, to provide any insurance\nprotection which such governing board deems necessary to protect the\npolitical subdivision against claims and actions for damages by third\nparties arising out of or in connection with a fund raising activity.\n 7. Participation by volunteer firefighters in fund raising activities\nshall not be deemed to constitute "duty as volunteer firefighters"\nwithin the meaning of section two hundred five-b of this article.\n 8. Notwithstanding the foregoing provisions of this section, the\nprovisions of this subdivision shall be applicable only in relation to\nfund raising activities for which benefits would be paid and provided\npursuant to paragraph m of subdivision one of section five of the\nvolunteer firefighters' benefit law:\n (a) Before engaging in a fund raising activity the fire company shall\ncause the governing board of the political subdivision to be notified in\nwriting that it proposes to conduct such activity. Any such notice shall\ncontain a general description of the method which will be used to raise\nfunds and shall specify the time or times when, the place or places\nwhere, and the period or periods during which the activity will be\nconducted and shall set forth the names of the firefighters who will\nserve on each of the committees or subcommittees in connection with the\nactivity. Any such notice shall be filed with the clerk, secretary or\nother comparable officer of such governing board. In the event that no\naction is taken by such governing board prohibiting such activity within\nthirty days after the filing of such notice, then it shall be deemed\nthat the governing board has no objection to such activity and the fire\ncompany may proceed to conduct the same.\n (b) Sales of tickets for admission to or in connection with a fund\nraising activity shall be by persons appointed as a committee for such\npurpose and shall be for or in relation to a fund raising activity to be\nheld within sixty days after the sale of the tickets commences.\n (c) Members of the fire company conducting the fund raising activity\nwho attend or participate in the activity for their own pleasure or\nconvenience, and not as a worker in connection therewith, shall not be\ndeemed to be engaged in the conduct of such activity.\n