N.Y. Comp. Codes R. & Regs. tit. 9 § 301.7

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

Section 301.7 - Right to decline an application

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.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 301.7