Section 6366.3 Of Article 1. General Exemptions From California Revenue And Taxation Code >> Division 2. >> Part 1. >> Chapter 4. >> Article 1.
6366.3
. (a) There are exempted from the taxes imposed by this part
the gross receipts from the sale of and the storage, use or other
consumption in this state of tangible personal property purchased by
the state or any local government entity as part of a public art
collection which shall be considered a museum pursuant to paragraph
(4) of subdivision (d) or a nonprofit museum regularly open to the
public which is operated by or for a local or state government
entity, or operated by a nonprofit organization which has qualified
for exemption pursuant to Section 23701d, provided:
(1) The property is purchased to replace property which has been
physically destroyed by fire, flood, earthquake, or other calamity;
(2) The property is purchased and used exclusively for display
purposes within such museum; and
(3) The property is purchased within three years from the date the
calamity occurred.
(b) The aggregate amount of the exemption provided by this section
shall not exceed the value of the property destroyed on the date the
calamity occurred.
(c) The exemption provided by this section extends only to items
which have value as museum pieces and does not extend to display
cases, shelving, lamps, lighting fixtures, or other items of tangible
personal property utilized in the operation of a museum.
(d) For purposes of this section, a "museum" shall only include:
(1) A museum which has a significant portion of its space open to
the public without charge; or
(2) A museum open to the public without charge for not less than
six hours during any month the museum is open to the public; or
(3) A museum which is open to a segment of the student or adult
population without charge; or
(4) A public art collection if that art work is on display in a
space which is open to the public without charge.