§ 183 — Use of armories

§ 183. Use of armories. 1. Armories may be used as follows:\n a. By members and units of the organized militia and cadet corps of\nsuch units.\n b. On application of one or more posts or chapters of the United\nSpanish War Veterans, the American Legion, the Veterans of Foreign Wars\nof the United States, the Disabled American Veterans, the AMVETS,\nAmerican Veterans of World War II, the Jewish War Veterans of the United\nStates, Inc., the Catholic War Veterans, Inc., the Italian American War\nVeterans of the United States, Incorporated, the Polish Legion of\nAmerican Veterans, Inc., the Army and Navy Union of the United States of\nAmerica, Vietnam Veterans of America, posts of the Masonic War Veterans\nof the state of New York, Incorporated, or groups or squadrons of New\nYork Wing, Civil Air Patrol, or of incorporated associations of veterans\nof units of the organized militia, or one or more posts or chapters of\norganizations of sons of veterans of any war of the United States or of\nthe Reserve Officers Association of the United States, or those historic\nmilitary commands set forth in section two hundred forty-a of this\nchapter, approved by the officer in charge and control of the armory,\nand by his military superiors as prescribed by regulations issued\npursuant to this chapter and under such restrictions as may be\nprescribed by the adjutant general, the officer in charge and control of\nan armory shall provide a proper and convenient room or rooms or other\nappropriate space in such armory where such posts or chapters may hold\nregular and special meetings and organizational social events of a\nprivate nature without the payment of any charge or expense therefor,\nprovided that such use does not interfere with the members and units of\nthe organized militia stationed in such armory.\n c. By a civil association existing under the provisions of this\nchapter and located in the armory, for the purpose of holding athletic,\nmilitary or social events of a private nature conducted solely and\nexclusively by and for such civil association, provided that the same is\napproved by the officer in charge and control of the armory and by his\nmilitary superior as prescribed by regulations issued pursuant to this\nchapter.\n d. Subject to the provisions of this section, by any federal, state,\ncounty and municipal bureau, agency or department or by the armed forces\nof the United States or by the reserve components thereof for their\nofficial business, provided that such use does not interfere with the\nmembers and units of the organized militia stationed in such armory and\nprovided that such use is approved by the officer in charge and control\nthereof and by his military superiors as prescribed by regulations\nissued pursuant to this chapter. Armories shall be made available to\nboards of election for designation as places for registry and voting as\nprovided by section sixty-six of the election law.\n e. (1) By a person, firm, association or corporation, not specified in\nsubdivisions a to d both inclusive of this section, actually using the\nsame, for such purposes and upon such terms as may be approved by the\nofficer in charge and control of the armory and by his military\nsuperiors as prescribed by regulations issued pursuant to this chapter\nand provided that such use will not, and only so long as such use does\nnot interfere with the use of the armory by the members and units of the\norganized militia stationed therein.\n (2) The person, firm, association or corporation applying for such use\nof space within an armory shall execute and deliver a written agreement\nwhich shall include among its provisions his or its full name and\naddress, the purpose for which such use is desired, the nature and\nmanner of the intended use of such space, the full amount of\ncompensation of any kind or nature whatsoever to be paid as rent for\nsuch use, the amounts to be paid for heating, lighting, janitorial and\nother services connected with such use. The rental terms and other\nprovisions of such agreement shall be governed by regulations issued\npursuant to this chapter, which regulations shall include provisions\ndesigned to prevent unfair competition with privately owned property and\nbusiness.\n (3) No such agreement shall be effective and no armory may be so used\nunless and until such agreement shall have been approved and executed by\nthe officer in charge and control of the armory and shall have been\napproved by his military superiors as prescribed by regulations issued\npursuant to this chapter.\n (4) No such agreement may be assigned in whole or in part nor may the\nsaid space or any part thereof be sublet to or used by any person, firm,\nassociation or corporation not a party to such agreement, unless each\nsuch assignment, subletting or use first approved in writing by the\nofficer in charge and control of the armory as may be provided\nspecifically therein.\n (5) All moneys paid or given, directly or indirectly, for the use of\nan armory or to obtain an agreement or permission to use the same, shall\nbe deemed rentals within the meaning of this section and shall be paid\nto the officer in charge and control of the armory. Any person other\nthan the officer in charge and control of the armory who receives any\nsuch moneys shall forthwith pay over the same to the officer in charge\nand control of the armory, who shall within thirty days after receiving\nthe same distribute such moneys in the manner prescribed in this section\nand make report of such distribution to his military superiors as\nprescribed by regulation issued pursuant to this chapter.\n f. Notwithstanding any of the provisions of this section, when such\nuse of an armory is by a federal, state, county or municipal bureau,\nagency or department, or by any of the armed forces of the United States\nor any of the reserve components thereof, or by any reserve officers\ntraining corps unit, the adjutant general, in his discretion, may\nrequire the execution of a contract or agreement for such use, upon such\nterms and conditions as he may prescribe. A surety bond or public\nliability and property damage insurance policy shall not be required of\nthe United States or of any department or officer thereof, and, in the\ndiscretion of the adjutant general, they may be dispensed with in\nconnection with any other use of an armory under this paragraph.\n g. Subject to the provisions of this section, by any city, town or\nvillage in the county wherein located or by any department, board,\nbureau or other agency thereof, or by any voluntary agency directly or\nindirectly under contractual arrangement with any such municipal\ncorporation, without charge for the use thereof, for the purposes of any\nprogram designed to reduce juvenile delinquency including, but not\nlimited to social and athletic events and club work, provided that such\nuse does not interfere with the members and units of the organized\nmilitia stationed in such armory, and provided that such use is approved\nby the officer in charge and control thereof and by his military\nsuperiors, as prescribed by regulations issued pursuant to this chapter.\n h. On application of a secondary school, the officer in charge and\ncontrol of an armory shall provide appropriate space in such armory\nwhere an athletic team of such school may hold practice sessions without\nthe payment of any charge or expense therefor, provided that such use\ndoes not interfere with the members and units of the organized militia\nstationed in such armory.\n i. On application of a representative of an organization sponsoring\namateur athletic activities, the officer in charge and control of an\narmory shall provide appropriate space in such armory where an athletic\nteam of such organization may hold practice sessions and such officer in\ncharge may charge such organization a fee for such use only to the\nextent of additional expenses incurred by the division as a result of\nsuch use, provided that such use does not interfere with the members and\nunits of the organized militia stationed in such armory.\n 2. a. A surety bond to the people of the state shall be executed by\nthe person, firm, association or corporation applying to use any space\nin an armory pursuant to subdivision 1e of this section and by a surety\ncompany. Such bond shall be conditioned to indemnify and save harmless\nseverally the state, the city and the county in which the armory is\nsituated, the members and units of the organized militia stationed\ntherein and the civil associations existing under the provisions of this\nchapter and located in the armory from any loss, damage or expense to\nthe armory or to any property of the said state, county, city, members,\nunits or civil associations or of the United States therein, accruing\nfrom or incident to such use, and the expense of heating, lighting and\njanitorial and other services connected with such use. Such bond shall\nbe approved as to form and sufficiency by the officers who approved the\nagreement for the use of the armory.\n b. An action for breach of such agreement and an action on such bond\nmay be brought in the name of the people of the state by the attorney\ngeneral or by a judge advocate and all moneys recovered in any such\naction or actions shall be paid to the treasurer or other appropriate\nfinancial officer of the state, county, city or civil association or to\nthe member or unit of the organized militia as the case requires.\n 3. In the discretion of the officer in charge and control of the\narmory, the person, firm, association or corporation applying to use any\nspace in an armory may be required to furnish a public liability and\nproperty damage insurance policy in amounts, to be fixed by such officer\nin charge and control, as will protect the officer in charge and\ncontrol, the United States of America, the state of New York, the city\nand county in which the armory is located, the members and units of the\norganized militia stationed therein and the civil associations located\nin such armory and all persons employed therein from any and all claims,\ndemands, damages, expenses, liability or obligation for damages, loss or\ninjury to or of person or property arising out of acts of, or the use or\noccupation of the armory and surrounding premises by such person, firm,\nassociation or corporation and his or its agents, servants, employees,\nand those acting for or in his or its behalf.\n 4. An armory shall not be used for political or religious purposes,\nexcept that an armory may be used for the purpose of holding the\nnational or state convention of a political party with the prior\napproval of the officers mentioned in subdivision 1e of this section and\nupon the execution and delivery of an agreement, bond and public\nliability and property damage insurance policy as provided in this\nsection.\n 5. All moneys paid as rent as provided in this section, together with\nall sums paid to cover expenses of heating and lighting, shall be\ntransmitted by the officer in charge and control of the armory through\nthe adjutant general to the state treasury for deposit to the\nmiscellaneous special revenue fund - 339 armory rental account.\n