Law of Regulating "Fuzoku" Business (or businesses which are likely to create a moral hazard)
法令番号: 法律第122号
公布年月日: 昭和23年7月10日
法令の形式: 法律
I hereby promulgate the Law for Regulating "Fuzoku" Business (or businesses which are likely to create a moral hazard).
Signed:HIROHITO, Seal of the Emperor
This tenth day of the seventh month of the twenty-third year of Showa (July 10, 1948)
Prime Minister ASHIDA Hitoshi
Law No.122
Law of Regulating "Fuzoku" Business (or businesses which are likely to create a moral hazard)
Article 1. In this law, "Fuzoku business" shall mean any business falling under any one of the following items:
1) Such businesses as "machiai," cafes, and restaurants where entertainment and food and drinks are provided at seato to entertain guests;
2) Such businesses as cabarets, dance-halls and places where facilities are provided for guests to dance;
3) Such businesses as billiard saloons, mahjong-rooms and places where arrangements are made to let guests enjoy games.
Article 2. Any person who wishes to operate any business prescribed in the preceding Article shall apply to the Public Safety Commission (this shall mean the Public Safety Commission of To, Do, Fu, or Ken or that of city, town or village or, of the Special Ward;the same shall apply hereinafter) for permission of business in accordance with the provisions of the by-law, of To, Do, Fu or Ken concerned.
Any person who has obtained the permission under the preceding paragraph shall make a necessary report in accordance with the provisions of the by-law of the To, Do, Fu or Ken concerned.
Article 3. The To, Do, Fu or Ken shall, in accordance with by-laws, provide for restrictions necessary to prevent acts injurious to good morals and manners with regard to such matters as the place and hours of business, structure, equipments of the business house.
Article 4. The Public Safety Commission shall in the case where operator of a "Fuzoku" business (hereinafter to be called "Fuzoku" business operator) or his authorized agent, employee or any other worker has committed, in connection with the said business, any act against laws and ordinances or the provisions of the by-Laws of To, Do, Fu or Ken concerned, which are based upon the preceding Article, and that there is a fear that good morals and manners are injured, may revoke the permission of business or order the suspension of business or take necessary disposition to prevent acts injurious to good morals and manners.
Article 5. When a Public Safety Commission revokes the permission of business or orders the suspension of business in accordance with the provisions of the preceding Article, it shall summon the operator concerned or his authorized agent and cause to hold a hearing in public.
The Public Safety Commission shall serve a notice of the acts of contraventions of laws and ordinances or by-laws provided for in the preceding Article and the date and place of the hearing, to the operator concerned, not later than one week prior to such date.
Article 6. Any government official or local official with competent jurisdiction may, when it becomes necessary in the enforcement of this law or the by-law of To, Do, Fu or Ken which is based upon this law, visit and inspect the place of business of a "Fuzoku" business.
In case where a visit of inspection is made in accordance with the provisions of the preceding paragraph, the government official or the local official concerned shall carry with him a certificate which certifies his status and present it on demand of persons concerned.
Article 7. Any person who has acted against the provisions of Article 2, Paragraph 1, or against any disposition made by the Public Safety Commission which is based upon the provisions of Article 4 shall upon conviction by court with competent jurisdiction be liable to imprisonment with hard labor for not more than three (3) months or a fine not exceeding five thousand (5,000) yen.
Any person who has violated the by-law of To, Do, Fu or Ken, which is based upon Article 3, or who has refused, obstructed or evaded the visit of inspection by the government official or local official in accordance with the provisions of the preceding Article shall upon conviction by court with competent jurisdiction be liable to a fine not exceeding three thousand (3,000) yen.
Any person who has failed to submit a report against the provisions of Article 2, Paragraph 2 or made a false report shall upon conviction by court with competent jurisdiction be liable to a fine not exceeding one thousand (1,000) yen.
Article 8. In case where any representative of a iuridical person, any authorized agent, any employee, or any other worker of a juridical person or of a natural person has committed any violation of the preceding Article in connection with the business of the iuridical person or the natural person, not only the, prepetrator of the violation shall upon conviction by court with competent jurisdiction be punished, but also the juridical person or the natnral person shall be punished with a fine of the same Article.
Supplementary Provisions:
1. The present Law shall come into force as from September 1, 1948.
2. In case where a person, who had obtained not later than December 31, 1947, permission of operating his business under the provision of a prefectural ordinance concerning the regulation of "fuzoku" businesses, continues such a business until the day of the enforcement of this law, he shall be regarded as having obtained the permission as provided by Article 2.
3. Such a person as provided by the preceding paragraph shall submit necessary reports to the Public Safety Commission in accordance with the provisions of by-law of To, Do, Fu or Ken.
4. In case a person as provided by Paragraph 2 fails to fit himself to the provisions of bylaw of To, Do, Fu or Ken based on the provision of Article 3, the Public Safety Commission may order him changing the structure or equipment of the business house or other matters. In that event, if he fails to obey such an order, the public safety commission may revoke the permission of business or order the suspension of business.
5. Any person other than those as provided by Paragraph 2, who is actually operating a "fuzoku" business at the time of the enforcement of this law, shall be regarded as having obtained the permission as provided by Article 2 for thirty days beginning on the day of the enforcement of this law.
Prime Minister ASHIDA Hitoshi