9 NYCRR Part 301 - Executive Department

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Source version current through Sep 15, 2021

All 9 displayed sections in this Part carry the same compiled date. Status and warnings stay on each section.

9 NYCRR 301.1 - Applicability, policy

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

(a)It is the policy of the Office of General Services to encourage the use of public space within State property. It shall be the general policy of the Office of General Services to limit the use of State property, within constitutional constraints, to preclude certain commercial activity and any illegal activity.

(b)The rules and procedures set forth in this Subpart apply to the use of public space within State property, other than uses sponsored or co-sponsored by the office.

(c)The use of State facilities within the Empire State Plaza at Albany under a license issued by the commissioner acting in a proprietary capacity through the OGS Convention Center is not governed by this Subpart.

9 NYCRR 301.2 - Types of activities allowed

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

Consistent with this Part, State property may be used for the following types of activity:

(a)Governmental activities.

Activities conducted for the purpose of furthering better understanding of any level of government operations when conducted by a local, State or Federal government agency.

(b)Educational, cultural or civic activities.

Activities that have a primarily educational, cultural or civic purpose for the enhancement of the health, welfare and public benefit of the citizens of the State.

(c)Charitable.

Activities conducted for the direct benefit of not-for-profit charitable organizations.

9 NYCRR 301.3 - Types of activities not allowed

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

The following activities are not allowed on State property:

(a)commercial activities by other than duly permitted charitable organizations or contractors of the office, where the exchange of money or payment for goods or services or any other consummation of a commercial transaction is involved;

(b)activities which may be reasonably expected to incite violence or illegal activity;

(c)any illegal activity; or

(d)gang activity as defined herein:

(1)The term gang as used herein means any ongoing organization, association, or group of three or more persons, whether formal or informal, having as one of its primary activities the commission of one or more criminal acts, which has an identifiable name or with the identifying sign or symbol, and whose members individually or collectively engage in or have engaged in a pattern of gang activity.

(2)The term gang member means any individual who is part of, associated with, or otherwise affiliated with a gang as defined in paragraph (1) of this subdivision.

(3)Gang activity means the commission by a gang member, in a singular commission, attempt to commit, conspiring to commit, or the solicitation of a criminal act, on State property in the presence of two or more other gang members.

(4)A pattern of gang activity means the commission, attempt to commit, conspiring to commit, or solicitation of two or more criminal acts, provided the criminal acts were committed on separate dates or by two or more persons who are members of, or belong to, the same gang.

9 NYCRR 301.4 - Fees

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

The following information concerning fees shall apply to all organizations using State property, except for the use of State facilities within the Empire State Plaza at Albany under a license issued by the commissioner acting in a proprietary capacity through the OGS Convention Center:

(a)No fee will be charged for events conducted or sponsored by a New York State department, agency, board, institution, commission or authority.

(b)All others will be charged for the temporary use of particular State facilities, such as meeting rooms or similar space, and for related, maintenance, labor, technical, custodial and security services, insurance and overtime. Minimum fees are established from time to time by the commissioner and may be obtained from the appropriate facility manager. Actual fees may vary to reflect any special requirements or extended period of use.

(c)Fees for law enforcement or security personnel.

The commissioner reserves the right to require the presence of State Police and/or security guards at any event and to impose a fee based on the facility manager's determination of the actual cost thereof. The number of State Police personnel or security guards required will be determined by the commissioner.

(d)Insurance.

Insurance requirements are established to provide adequate funding for the indemnification of the State of New York and the office for claims of bodily injury or property damage arising out of or in any way connected with use of State facilities as provided herein. It is the policy of the Office of General Services to require commercial general liability insurance with limits of not less than $1,000,000 per occurrence, $2,000,000 in the aggregate, naming the People of the State of New York and the Office of General Services, as additional insureds. A certificate of insurance in a form acceptable to the commissioner, naming the State as an additional insured, must be delivered to the commissioner prior to the commencement of any event. Alternate arrangements may be made for self-insured governmental entities upon prior approval of the commissioner, provided that comparable financial security is secured.

(e)Financial security.

The commissioner may require that users provide financial security with respect to any reasonably anticipated costs associated with an event. Such financial security may take the form of a cash deposit, a surety bond, a letter of credit or other similar device acceptable to the commissioner.

(f)Waiver of fees.

(1)The commissioner reserves the right to waive fees charged for maintenance, custodial or security services if, in the reasonable judgment of the commissioner, such fees would impose an undue financial burden upon the applicant organization, as attested to by a responsible official of the applicant and supported by appropriate documentation.

(2)The commissioner reserves the right to waive fees charged to public corporations, political subdivisions, or agencies of the Federal government for maintenance, custodial work and security services if the commissioner deems such waiver to be in the best interests of the State.

(3)In the case of the use of State property by public corporations, political subdivisions, or agencies of the Federal government, as well as by State departments, agencies, boards, institutions, commissions, authorities and not-for-profit entities and unincorporated small businesses not planning to engage in the sale of food or beverages or a high risk activity (as reasonably determined by the commissioner) on State property, for which the provision thereof would impose an undue financial burden upon the not-for-profit entity or unincorporated small business, as attested to by a responsible official of the not-for-profit entity or unincorporated small business and supported by appropriate documentation, the facility manager, after receiving the commissioner's approval, may waive the requirements for insurance and bonding heretofore outlined.

(4)Current providers of childcare services on State property, are exempt from the provisions of this Subpart. The commissioner may partially or wholly waive usage fees upon finding that such waiver advances the interest of the State.

9 NYCRR 301.5 - Procedure for application to use State property for other than public assemblies

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

(a)Requests to use State property shall be made in the form prescribed by the commissioner at least 30 calendar days prior to the requested use date. The application must be signed by the applicant, or an authorized officer thereof and must identify any special requirements of the proposed function or participants and must completely detail the nature and salient features of the program and the expected attendance. The office shall respond to timely filed applications not later than five days prior to the requested use date.

(b)The total fee to be charged, including maintenance, custodial, security and special fees, will be specified by the commissioner on the approved application form. The approved application shall also contain the following information:

(1)the exact State facilities for which the request is approved;

(2)the time and date for which the State facility use is approved; and

(3)any conditions, limitations or other modifications of the application.

(c)Upon notification by the commissioner of approval of its application, applicant shall make payment in full by certified check or money order payable to the New York State Office of General Services, or credit card, where the capability exists, at least three State workdays prior to the date of requested use. Cash payments will only be accepted where warranted by special circumstances. Approval of an application shall be deemed revoked if payment is not made in a timely manner.

9 NYCRR 301.6 - Procedures for application to use State property for public assembly

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

(a)Requests to use State property for public assembly shall be made by applicant in the form prescribed by the commissioner at least 30 calendar days prior to the requested use date. The application must be signed by the applicant or an authorized officer thereof and must set forth the name of the applicant, the proposed date, time, duration, nature and location of the planned activity, a thorough description of the activity, an estimate of the expected attendance and a description of any facilities to be provided by the applicant or requested to be provided by the commissioner in support of the activity. The office shall respond to timely filed applications not later than five days prior to the requested use date. The commissioner may, upon good cause shown, waive time limitations for issuance of a permit for public assembly.

(b)Every applicant shall obtain insurance coverage in accordance with the requirements of section 301.4(d) of this Part unless granted a waiver by the office. An applicant may request and will be granted a waiver from this insurance requirement where they can satisfactorily demonstrate that (1) an event is protected under the First Amendment of the United States Constitution, and (2) such insurance is either so financially burdensome or otherwise unobtainable, so as to preclude the applicant from conducting the event.

(c)The commissioner reserves the right to require special facilities be provided at the applicant's expense. Such facilities may include, without limitation, special security measures, first aid facilities and adequate portable toilet facilities. Participants must also comply with all applicable State and local health laws and regulations.

(d)A public assembly may be held only in the area indicated on the permit and during such dates and times and in such a manner as authorized by the permit.

(e)If an application is denied, the applicant will be informed in writing of the reason(s) for the denial, and will be advised that the denial may be appealed by written request to the commissioner submitted within 15 days of receipt of notice of such denial. The commissioner may reverse, affirm or modify the original determination. The commissioner's written determination on the appeal shall be provided no later than 24 hours prior to the requested event time.

(f)In reviewing applications for public assembly or denials thereof, the commissioner may consider the availability of alternative times, dates, locations or manners for the conduct of such activity.

(g)The commissioner may revoke a permit at any time upon the grounds set forth in section 301.7 of this Part.

9 NYCRR 301.7 - Right to decline an application

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

The commissioner reserves the right to decline any application for use of State property when such use would be detrimental to or would adversely affect the condition of the State property, would restrict the normal conduct of State operations, or would present a clear hazard to persons or property. Additionally, an application may be denied for any of the following reasons:

(a)a prior application for a permit for the same time and general location has been or will be granted and the activities authorized by that permit do not reasonably allow multiple occupancy of that particular area; or

(b)the application, including any required attachments and submissions, is not fully completed or executed; or

(c)the applicant has failed to obtain required insurance or insurance waiver; or

(d)the application contains a material falsehood or misrepresentation; or

(e)the applicant is legally incompetent to contract or to sue or be sued; or

(f)the applicant or the person on whose behalf the application for permit was made has on prior occasions damaged State property, or has outstanding debts to the State; or

(g)within the preceding four years, the applicant has violated a material term or condition of a State use permit, or any law, ordinance, or regulation relating to the use of State property; or

(h)the use or activity intended by the applicant conflicts with programs sponsored by the commissioner and scheduled for the same general location and all or a portion of the same time; or

(i)the applicant's intended use or activity is inconsistent with the designated purpose of the specific location requested; or

(j)the location requested is not suitable for the intended use or activity because of its special nature; or

(k)the use or activity intended would unreasonably interfere with the enjoyment of the location by others; or

(l)the number of persons engaged in the event exceeds the number that can reasonably be accommodated in the particular location; or

(m)the use or activity intended by the applicant is prohibited by law or by this Part.

9 NYCRR 301.8 - Right to limit use due to unforeseen circumstances

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

The commissioner reserves the right to limit the use of State facilities, at any time, due to unforeseen operational requirements.

9 NYCRR 301.9 - Scheduling, cancellation, consistency with application

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

Facility managers shall be responsible for the scheduling of use of State facilities. Planned events must be conducted within approved parameters, including but not limited to described use, time frames, physical areas and any conditions imposed by the commissioner. Events or activities inconsistent with approved parameters constitute a violation of this Part and may be subject to termination. Approval of an event does not constitute an endorsement by the State and the commissioner may require that an applicant include appropriate disclaimers in its materials or publications. The State shall not be responsible for any loss or damage to personal property or for personal injury that occurs on State property; provided, however, that this subdivision shall not preclude the commissioner from consideration of a claim for property damage or personal injury pursuant to section 8(12-a) of the State Finance Law.

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