SECTION 1. Section 42 of chapter 23G of the General Laws, as most recently amended by section 58 of chapter 139 of the acts of 2012, is hereby further amended by striking the definition of "cultural facility" in its entirety 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, or 125 years old or older and located in a state-designated cultural district approved by the Massachusetts cultural council pursuant to section fifty-eight A of chapter ten of the General Laws. 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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