(Definition) Article 1. The term "second hand article" , as used in this Law, shall mean an article (fine arts for appreciations included;hereinafter the same) used previously, or an article not used previously but transacted for use, or the article which, coming under any one of the abovementioned articles, has been partially repaired. 2 The term "second-hand dealer" , as used in this Law, shall mean a person who, as his business, sells, purchases or exchanges second-hand articles, or sells, purchases, or exchange in trust "second-hand articles" , obtaining a permit of the second-hand dealer in accordance with the provisions of Art.2, par.1. 3 The term "market" , as used in this Law, shall mean a market therein to sell, purchase or exchange second-hand articles among second-hand dealers. 4 The term "market manager" , as used in this Law, shall mean a person who, obtaining a permit in accordance with the provisions of Art.3, manages a market.

(Permit of Second-hand Dealer) Article 2. Any person who wants to become a second-hand dealer shall, fixing, in each business office, the kinds of second-hand articles he deals in, obtain a permit of the Public Safety Commission in whose jurisdiction his business office will be located (in case there is no business office, place of his residence or abode:hereinafter the same), as provided for in the Prime Minister's Office Ordinance (hereinafter referred to as the Ordinance). 2 In the case of the preceding paragraph, when a person, who wants to become a second-hand dealer, opens a business office which he does not supervise in person, he shall designate a manager of the office.

(Permit of Market Manager) Article 3. Any person who wants to become a market manager shall, as provided for in the Ordinance, obtain a permit of the Public Safety Commission in whose jurisdiction the place of the market will be located.

(Standard of Permit) Article 4. In case where any person who wants to obtain a permit, in accordance with the provisions of Art.2 par.1 or the preceding Article, comes under any one of the following items, the Public Safety Commission shall not give him a permit: 1) When three (3) years have not elasped with respect to any person who has completed the term of imprisonment without hard labor or heavier penalty, or to any person who has become not to be liable to an execution. 2) Any person who has been sentenced to a fine, within past three (3) years prior to the date of his application of a permit, for violation of provisions of Art.6, or who has been sentenced to fines more than two (2) times within the same period for violations of the provisions of other laws and ordinances, unless his repentance has been recognized. 3) Any person who has no fixed place of residence or abode. 4) A minor who is not a person of full legal capacity to carry on business;or a person adjudged incompetent. However, this shall not be applicable to the case where the person is heir to a second-hand dealer or a market manager and whose legal representative does not come under any one of the preceding items or item 5. 5) Any person with respect to whom three (3) years have not elasped since the day when his permit was cancelled in accordance with the provision of par.1 of Art.24. 6) Any person whose relative (Shinzoku), lodging with him, comes under the provision of the preceding item, or is under the disposition of suspension from carrying on the business. 7) Any person whose business is under management of an office manager who comes under any one of items 1 to 5 inclusive. 8) Any juridical person which has, among its executive directors who carry on the business, a person who comes under any one of the provisions of items 1 to 5 inclusive of this Article. 2 In the case where a permit is not given, the Public Safety Commission shall notify the applicant with a written note describing the reason therefor.

(Change of Business Conditions) Article 5. In the case where any second-hand dealer or a market manager, wants to remove his business office or his market, or to change the kinds of second-hand articles in which he deals, in the same sphere of jurisdiction of the competent Public Safety Commission, he shall, as provided for in the Ordinance, obtain a permit of the competent Public Safety Commission. The same shall apply when an office manager of a business office is installed anew, changed or abolished. 2 In the case where any second-hand dealer or market manager has closed or wants to suspend his business for a long time, or where the items entered in a written application for permit, mentioned in Art.2, par.1 of Art.3, have been changed, he shall report the matters to the competent Public Safety Commission as provided for in the Ordinance. 3 In the case where a second-hand dealer or market manager died, his relative (Shinzoku) who lodged with him, his legal representative or office manager shall, pursuant to the provision of the preceding paragraph, make a report of his death.

(Prohibition of Business without a Permit) Article 6. No person other than a second-hand dealer or a market manager shall, as his business, sell, exchange, or sell, exchange in trust second hand articles, or shall establish a market.

(Prohibition of Business under Another Person's Name) Article 7. Any second-hand dealer or market manager shall not, under his name, make another person engage in the business of second-hand dealing or marketing.

(Permit for Peddling and Street-stalling) Article 8. In the case where any second-hand dealer wishes to engage in peddling or streetstalling, he, as provided for in the Ordinance, shall obtain a permit of the Public Safety Commission whose jurisdiction covers the place of his business office. 2 Any second-hand dealer may make his employees, engage in peddling or street-stalling. In this case the provisions of the preceding paragraph shall apply mutatis mutandis.

(Permit for Auction) Article 9. In the case where any second-hand dealer wishes to make an auction sale in a place other than the market, he shall, as provided for in the Ordinance, fixing the date and place of the sale, obtain a permit of the Public Safety Commission in whose jurisdiction the auction sale will be held.

(Permit Card) Article 10. When the Public Safety Commission gives a permit in accordance with the provisions of Art.2 par.1, Art.3, Art.8 par.1 or 2, or Art.9, a written permit in card form shall be delivered. 2 The permit card mentioned in the preceding paragraph shall lose its validity, unless it is renewed every three years by the Public Safety Commission which issued it as provided for in the Ordinance. 3 The necessary matters concerning the form, revision and re-delivery, etc. of the permit card shall be provided for in the Ordinance. 4 Any person who has obtained the permit card in accordance with the provisions of paragraph 1 of this Article, shall not lend, or give it to any other person. 5 When any person who has obtained the permit card in accordance with the provisions of paragraph 1 of this Article loses the said permit or has it stolen, he shall, forthwith, report to that effect to the competent Public Safety Commission.

(Return of the Permit Card) Article 11. When any person who has obtained the permit card in accordance with the provisions of the preceding Article comes under any one of the following items, he shall return the permit card concerned to the competent Public Safety Commission within ten days as provided for in the Ordinance: (1) When the term of validity of the permit card expired; (2) When any one closed his business or stopped peddling, street-stalling or auction; (3) When employees shown in paragraph 2 of Article 8 stopped engaging in peddling or street-stalling; (4) When any one who had been re-delivered the permit card recovered the former lost or stolen permit; (5) When a permit was cancelled. 2 When a second-hand dealer or a market manager died, a relative (Shinzoku) who lodged with him, his legal representative or an office manager, who is obliged to report his death pursuant to the provision of paragraph 3 of Article 5, shall return the permit card in accordance with the provisions of the preceding paragraph.

(Carrying of the Permit Card) Article 12. When a second-hand dealer engages in peddling, street-stalling or auction, he shall carry with him the permit card concerned. It shall be the same when employees as shown in paragraph 2 of Article 8 engage in peddling or street-stalling.

(Indication of Permit) Article 13. Any person who has obtained a permit in accordance with the provisions of Art.2 par.1, Art.3 or Art.8, par.1 or 2 shall indicate the permit, as provided for in the Ordinance, at a place easily to be seen in each business-office, market or street-stall.

(Charge) Article 14. Any person, who wants to be delivered, renewed or re-delivered a permit card by the To, Do, Fu, or Prefectural Public Safety Commission in accordance with the provisions of Article 10, shall pay a charge to cover the cost of its issuance for permit, renewal or re-delivery as provided for in the Ordinance. 2 The amount of the charge as shown in the preceding paragraph shall be within 1,000 yen and be provided for in the Ordinance. 3 In the case where any city, town or village, or the Tokyo Metropolitan Office levies a charge for the business concerning the permit card to be done by the Public Safety Commission of city, town or village, or of a special ward, in accordance with the provisions of Article 10, the amount of the charge shall not be over 1,000 yen.

(Restriction on Business) Article 15. Any second-hand dealer shall not receive second-hand articles from a person other than a second-hand dealer for the purpose of purchase or exchange, or for the purpose of sale or exchange in trust in places except his business-office, or the residence or abode of the person. 2 No person other than a second-hand dealer shall sell, purchase, exchange second-hand articles or receive them for sale or exchange in trust in the market.

(Confirmation and Report) Article 16. In the case where any second-hand dealer purchases or exchanges a second-hand article, or is trusted to sell or exchange, he shall, as provided for in the Ordinance, confirm the name, address, occupation and age of the other party. In case there is a suspicion of fraudulent article, he shall report forthwith to that effect to a police official of National Rural Police, or of Autonomous Entity.

(Book) Article 17. Any second-hand dealer shall, as provided for in the Ordinance, provided a book in which each of the following matters shall be entered whenever he receives or transfers an article in order to sell, purchase or exchange, or being trusted to sell, purchase or exchange: 1. Data of transaction; 2. Name and quantity of the article; 3. Characteristics of the article; 4. Address, name, occupation, age and features of the other party (exclusive of the other party, as provided for in the Ordinance, to whom the dealer makes a sale); 5. Method of confirmation as provided for in the provision of Art.16.

Article 18. Any market manager shall provide a book, as provided for in the Ordinance, in which matters provided for in Art.18, items 1 to 3 inclusive, and the names and addresses of the persons involved in each transaction shall be entered whenever a second-hand article is transacted or exchanged in the market.

Article 19. Any second-hand dealer or market manager shall continue to preserve the book stipulated for in the preceding two Articles until he will be directed otherwise at his request by the chief of police station concerned. 2 In case any second-hand dealer or market manager has damaged, lost, or has been stolen the book provided for in the preceding Article, he shall forthwith report to that effect to the chief of the police station mentioned in the preceding paragraph.

(Circular) Article 20. A chief of police or chief of a police station, when he considers it necessary to do so, may issue circulars of a stolen article to second-hand dealers or market managers. 2 In case any second-hand dealer or market manager receives the circular provided for in the preceding paragraph, he shall enter the date of receipt on it and preserve it during six (6) months from that date. 3 In case any second-hand dealer is in possession of the stolen article at the time when he receives a circular, or receives a coincidental article during the period provided for in the preceding paragraph, he shall forthwith report to that effect to a police official of National Rural Police or of Autonomous Entity. 4 In case the coincidental second-hand article mentioned in a circular is brought to a market to be transacted during the period provided for in par.2, any market manager shall forthwith report to that effect to a police official of National Rural Police or of Autonomous Entity.

(Regaining of Stolen and Lost Articles) Article 21. In the case where there is a stolen or lost article among the second-hand articles which a second-hand dealer has purchased or exchanged, the victim or the loser may make a request for recovery to him without compensation, no matter whether or not it has been bona fide transferred to the second-hand dealer in a public market or from another dealer who handles the same kind of articles. However, the cases of the elapse of one year or more after robbery or loss shall be precluded from the application of the present Article.

(Suspension) Article 22. In the case where there is a reason enough to suspect a second-hand article, which any second-hand dealer has purchased, exchanged, or has been entrusted to sell or exchange, to be a stolen or lost article, the chief of the police station may, fixing a period not exceeding thirty (30) days, order the said dealer to keep the said article in custody.

(Entry and Investigation) Article 23. In case an official of National Rural Police or of Autonomous Entity deems it necessary, he may enter, during the business hour, into a business office, a place where second-hand articles are kept in custody, a market, or a place where an auction sale is carried on as provided for in the provisions of Art.9, in order to inspect second-hand articles and books and may inquire the persons concerned of the second-hand business. 2 In the case of the preceding paragraph, the police official of National Rural Police or of Autonomous Entity shall carry his identification certificate and show it to the persons concerned. 3 In case a chief of a police station deems it necessary, he may demand a necessary report of a second-hand dealer or a market manager regarding a stolen or lost article.

(Administrative Disposition) Article 24. In case a Public Safety Commission deems it necessary in the cases of the following items, it may, as provided for in the Ordinance, cancel the permit of second-hand dealer or market manager, or may, fixing a period, suspend the business of a second-hand dealer or of a market: 1) In case a second-hand dealer or market manager is sentenced to imprisonment without hard labor or heavier penalty or is sentenced to a fine within three (3) years since he was sentenced to a fine on a charge of violation of other laws and ordinances. 2) In case any second-hand dealer or market manager comes under the provisions of item 3 or 7 of par.1, Art.4;or in case any second-hand dealer or market manager is a juridical person which has, among its executive directors who carry on the business, a person who comes under any one of the provisions of item 1 or items 3 to 5 of par.1, Art.4, or who has been sentenced to a fine, within past three (3) years prior to the date of cancelling the permit or suspending the business for violation of provisions of Art.6, or who has been sentenced to fines more than two (2) times within the same period for violations of other laws and ordinances. 3) In case any legal representative of a second-hand dealer or market manager comes under any one of the provisions of item 1 or 3 or 5, of par.1, Art.4, or is sentenced to a fine within three (3) years after he was sentenced to a fine on a charge of violation of other laws and ordinances. 4) In case any second-hand dealer, market manager, his proxy, his employee or other worker violates the present Law or the Ordinance issued in accordance with this Law. 5) In case any second-hand dealer or market manager does not renew his permit card without any justifiable reason. 2 In the case where the permit of a second-hand dealer, who has more than two (2) business offices, is cancelled, or his business is suspended with respect to one office, the competent Public Safety Commission for the other office or offices may, in case the circumstances are serious, cancel the permit or suspend the business of the other office or offices. In this case, cancellation or suspension shall be done no matter whether or not the place of the former office is situated under the jurisdiction of the same Public Safety Commission as the one mentioned above. 3 In the case where any person who has obtained the permit, in accordance with the provisions of Art.8 par.1 or 2, or Art.9 or his employee violates this Law, or the Ordinance issued in accordance with this Law, or the person who has obtained the permit in accordance with the provisions of Art.8 par.1 or 2, or Art.9 does not renew his permit card without any justifiable reason the Public Safety Commission may cancel the said permit or may, fixing the period suspend his business of peddling, street-stalling, or auction sale.

(Public Hearing) Article 25. In the case where the Public Safety Commission wants to make a disposition, as provided for in the preceding Article, the said Commission shall open a public hearing previously asking for the presence of the dealer involved or his proxy. 2 In the case of the preceding paragraph, the Public Safety Commission shall notify the dealer involved of the reason for disposition, the fixed date and place of the hearing one week prior to the fixed date, and make public the fixed date and place of the hearing. 3 In the case where a public hearing is opened the dealer involved may make the explanation for his own sake and may produce evidence.

(Bringing in Action) Article 26. Any one, who has been given a disposition of the Public Safety Commission or Chief of Police Station under the provisions of this Law, may bring in an action in accordance with the provisions of the Law for Special Regulations concerning the Procedure of Administrative Litigations (Law No.81 of 1948).

(Penal Provisions) Article 27. Any person who violates the provisions of Art.6, or Art.7, or who offends against the disposition provided for in the provisions of Art.24, par.1 or 2 shall be liable to imprisonment with hard labor for a term not exceeding three (3) years, or a fine not exceeding one hundred thousand yen (\100,000).

Article 28. Any person who violates the provisions of Art.8, par.1 or 2, Art.9, or Art.15, par.1, or who offends against the disposition provided for in the provisions of Art.24, par.3 shall be liable to imprisonment with hard labor for a term not exceeding one (1) year, or a fine not exceeding thirty thousand yen (\30,000).

Article 29. Any person who violates the provisions of Art.5, par.1, Art.10, par.4, Art.15 par.2, the first sentence of Art.16, Art.17, Art.18, Art.19 or Art.20 par.2 to par.4 inclusive or who offends against the disposition provided for in the provisions of Art.22 shall be liable to imprisonment with hard labor for a term not exceeding six (6) months or to a fine not exceeding ten thousand yen (\10,000).

Article 30. A person who falls under any one of the following items shall be liable to a fine not exceeding ten thousand yen (\10,000): (1) Any person who violates the provisions of par.2 or 3 of Art.5, par.5 of Art.10, Art.11, Art.12 or Art.13. (2) Any person who refuses, hinders or challenges the entry, or the investigation of a book or document, by the police official of National Rural Police or of Autonomous Entity, as provided for in the provisions of Art.23 par.1. (3) Any person who does not submit the report provided for in the provisions of Art.23 par.3, or offers a false one.

Article 31. On a person who commits any of the offences mentioned in Art.27, 28, or 29, both imprisonment with hard labor stipulated for in each Article and a fine may, in case the circumstances are serious, be imposed.

Article 32. Any person who violates the provisions of Art.20, par.3 or 4, due to negligence, shall be liable to detention or a minor fine.

Article 33. In case any representative of a juridical person, proxy, employee, or the other worker of a juridical person or of a person commits the offences coming within the purview of the provisions of Art.27, 28, 29 or 30 as regards the business or property of the juridical person or of the person, not only the offender be punished but the juridical person or the person concerned shall be liable to a fine, as provided for in each Article in this penal provisions.