N.Y. Comp. Codes R. & Regs. tit. 9 § 301.6

Current through Register Vol. 46, No. 45, November 2, 2024

Section 301.6 - Procedures for application to use state property for public assembly

(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.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 301.6