Legislation

Search OpenLegislation Statutes

This entry was published on 2023-05-12
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 183
Use of armories
Military (MIL) CHAPTER 36, ARTICLE 9
§ 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.