SECTION1. Chapter 23G of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out in section 42 the definition of “cultural facility” and inserting in place thereof the following definition:-
“Cultural facility”, a building, structure or site that is, or will be, owned, leased or otherwise used by 1 or more cultural organizations and that is accessible to the public and exempt from income taxation pursuant to section 501 (c)(3) of the Internal Revenue Code. The term cultural facility may include, but shall not be limited to, museums, historical sites, zoos, aquariums, nature or science centers, theaters, concert halls, exhibition spaces, classrooms and auditoriums suitable for presentation of performing or visual arts. Municipally owned buildings, structures or sites must be a minimum of 50,000 square feet in size, of which at least 50 per cent is used as a cultural facility. However, if such municipally owned building, structure or site is 125 years old or older and is significant in the history, archeology, architecture or culture of the nation, the commonwealth or the community in which it is located and is located within a state-designated Cultural District, as established by section 58A of chapter 10 of the General Laws, it may be of any size. Public or private institutions of higher education may qualify if they demonstrate that their cultural facility provides service and open access to the community and the general public outside of the regular educational mission of the public or private institute of higher education and demonstrates financial need.
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