Commercial Use of Facilities
|Executive Vice President of Administration|
|First draft 7/2020|
|Facilities Use, Commercial Use, Profit|
A Resolution promulgated and passed on March 28, 2012 by the SUNY Board of Trustees, and the associated SUNY Commercial Use Policy No. 5607 empowers the campuses to utilize their facilities for commercial purposes as they deem fit, and requires each Campus to adopt a local policy that identifies campus personnel responsible for authorizing commercial use, the facilities available for commercial use, the costs to be charged for such use.
The purpose of this policy is to conform to the requirements of SUNY policy 5607 “Commercial Use Policy (Use of University Facilities for Commercial Purposes).”
Commercial use: use for profit or potential profit, including research, by public or private entities.
SUNY Empire State College (ESC) may authorize commercial use of its capital facilities subject to the principles enunciated in SUNY Policy No. 5607 as follows:
- Use of University facilities for instruction, research and public service take priority over the commercial use of University facilities.
- Commercial use shall not be in conflict with, and shall advance the mission of, the campus, and shall not infringe upon, delay or conflict with the normal operation of the campus.
- Commercial use shall not be in conflict with and shall advance the University’s strategic plan.
- Commercial use shall not have a significant potential for material adverse effect on the reputation of the campus for academic integrity and independence.
- Commercial use shall not compete with or replicate activities of the campus auxiliary services corporation, campus foundation, or other campus-related entities.
- Commercial use shall not violate existing agreements between the campus, its auxiliary services corporation, foundation or other campus-related entities and vendors providing goods or services on campus.
- Commercial use shall conform to federal tax law restrictions on private use of facilities financed by tax-exempt bonds.
- Commercial use shall comply with Federal research guidelines, to the extent applicable.
The Executive Vice President for Administration (EVPA) shall be responsible for authorizing commercial use of the College’s state-owned facilities.
No student or employee shall promote sale of goods or services for personal profit on ESC property unless approved by the EVPA.
All property owned by ESC is available for commercial use. Use is generally limited to first floor common areas and conference rooms. Property leased by ESC is not available for commercial use.
Commercial use of ESC property shall be subject to the terms of this policy and shall require a written agreement for such use that identifies the facilities to be used and the duration of such use, and shall further require the commercial user to:
- comply with the regulations and policies of the University and campus
- indemnify the University from liability arising out of the entity’s use
- provide evidence of appropriate insurance protection
- reimburse the University for damage or destruction to University facilities
- provide appropriate compensation to the campus
Fees are assessed according to building, length of use and equipment used.
Fair market appraisals will be assessed when proposed use of facilities
- is to exceed 30 or more full-time equivalent days during a state fiscal year
- proposed use will involve any construction upon, or modification of, ESC facilities
- proposed use is expected to exceed $25,000.
Applicable Legislation and Regulations
To use SUNY ESC facilities for commercial purposes, an “Application for Commercial Use of Facilities” (Form A) must be filled out at least 45 business days before the intended use of the facilities. Use of facilities are subject to approval of the EVPA and ESC policy 400.012 “Facilities Use Policy and Procedures”.
SUNY policy 5607 “Commercial Use Policy (Use of University Facilities for Commercial Purposes)”
SUNY ESC Policy 400.012 “Facilities Use Policy and Procedures”
Form A - Application for Commercial Use of Facilities