2013 New York Consolidated Laws
MIL - Military
Article 9 - (175 - 189) ARMORIES
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  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, 2015
    * 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, 2015