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Category:
Facility Management / Safety



Responsible Office:

Policy Title:
Commercial Use Policy (Use of University Facilities for Commercial Purposes)

Document Number:
5607

Effective Date:
March 28, 2012


This policy item applies to:
State-Operated Campuses
Table of Contents
Summary

Policy
Definitions
Other Related Information
Procedures
Forms
Authority
History
Appendices


Summary

This Commercial Use Policy replaces a 1979 policy, Resolution 79-100 (which was adopted on May 23, 1979 and was an amendment to Resolution 73-56 adopted on February 28, 1973, which was an amendment to the original Commercial use policy, Resolution 66-156, adopted on May 12, 1966). Resolution 79-100 restricted the use of University facilities to a list of ten limited activities (e.g. bookstore, food, banking, cultural activities). 

This new Resolution, as promulgated and passed on March 28, 2012 by the Board of Trustees, empowers the campuses to utilize their facilities for commercial purposes as they deem fit.  The intent of this policy is to encourage each campus to authorize commercial uses of its own facilities for entrepreneurial gain.  The policy requires that each campus adopt a local policy that identifies who is responsible for authorizing commercial use, facilities available for commercial use, costs to be charged for the use of such facilities, and standards that identify when fair market appraisals shall be undertaken to determine use charges.


Policy

Use of University Facilities for Commercial Purposes

It is the policy of the State University to encourage the use of capital facilities of the University for appropriate commercial uses.  For purposes of this policy, “commercial use” means use for profit or potential profit, including research, by public or private entities.

A campus may authorize commercial use of its capital facilities subject to the following principles:

Each campus shall adopt a local policy that identifies who is responsible for authorizing commercial use, facilities available for commercial use and costs to be charged for the use of such facilities.  Each policy shall include standards pursuant to which fair market value appraisals shall be required for commercial use in excess of a certain value or for a period of time in excess of a specified number of years.

A campus shall enter into a written agreement with the public or private entity that authorizes use by the public or private entity for a defined period of time and that  requires the entity to:


Definitions

There are no definitions relevant to this policy.


Other Related Information

From the Minutes of the March 23, 2012 Board of Trustees Meeting where the Policy was adopted:

Use of University Facilities for Commercial Purposes

Whereas it is in the interest of the State University and compatible with the University’s Strategic Plan 2010 and Beyond to expand the use of University facilities for entrepreneurial activities; now, therefore, be it

Resolved that the Policy for the Use of University Facilities for Commercial Purposes, copy of which is attached hereto, be, and the same hereby is, approved; and, be it further

Resolved that the existing policy on the use of University facilities by commercial enterprises, promulgated by Resolution 66-156, adopted May 12, 1966, as amended by Resolution 73-56, adopted February 28, 1973, and by Resolution 79-100, adopted May 23, 1979, be, and the same hereby is, repealed.

(2012-021)

Source: Minutes of Meetings of the Board of Trustees of State University of New York March 28, 2012




Procedures

There are no procedures relevant to this policy.


Forms

There are no forms relevant to this policy.


Authority

This policy was adopted by the Board of Trustees on March 28, 2012.


History

This Commercial Use Policy replaces a 1979 policy, Resolution 79-100 (which was adopted on May 23, 1979 and was an amendment to Resolution 73-56 adopted on February 28, 1973, which was an amendment to the original Commercial use policy, Resolution 66-156, adopted on May 12, 1966). Resolution 79-100 restricted the use of University facilities to a list of ten limited activities (e.g. bookstore, food, banking, cultural activities).


Appendices

There are no appendices relevant to this policy.