Act on the Measures by Large-Scale Retail Stores for Preservation of Living Environment

Link to law: http://www.japaneselawtranslation.go.jp/law/detail_download/?ff=08&id=1852
Published: 2000

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Act on the Measures by Large-Scale Retail Stores for Preservation of Living Environment

(Purpose)

Article 1 The purpose of this Act is to promote the sound development of a retail business by ensuring that proper consideration should be given, with regard to the location of a large-scale retail store, to the layout and operational method of the facilities by a person establishing the large-scale retail store, for the purpose of preserving the living environment of the surrounding area, and thereby to contribute to the sound development of the national economy and local communities and the improvement of the lives of the citizenry.

(Definitions)

Article 2 (1) The term "store floor area" as used in this Act means the floor area used by a store to conduct its retail business (excluding the restaurant business but including the goods processing and repair businesses; the same shall apply hereinafter).

(2) The term "a large-scale retail store" as used in this Act means a single building (including any specified by a Cabinet Order as a single building) with a total store floor area in the building exceeding the reference area set forth in paragraph (1) or paragraph (2) of the following Article.

(Reference Area)

Article 3 (1) The reference area shall be specified by a Cabinet Order.

(2) When there is a district in a prefecture where, in consideration of the living environment of the district, it is found appropriate to specify a reference area that exceeds the reference area set forth in the preceding paragraph, the prefecture may, by Prefectural Ordinance, specify another applicable reference area with regard to said district in lieu of the reference area set forth in the same paragraph, to the extent necessary and sufficient for the preservation of the living environment of the surrounding area.

(3) The Prefectural Ordinance set forth in the preceding paragraph shall also clarify the scope of the district concerned.

(Guidelines)

Article 4 (1) The Minister of Economy, Trade and Industry shall consult with the heads of the relevant administrative organs to specify and publish guidelines for the location of a large-scale retail store, concerning matters that a person establishing a large-scale retail store should consider (hereinafter referred to as the "guidelines"), from the viewpoint of promoting the sound development of the retail business through the preservation of the living environment of the surrounding area.

(2) The guidelines shall prescribe the following matters:

(i) basic matters that a person establishing a large-scale retail store should consider;

(ii) the following matters concerning the layout and operating method of the facilities (meaning the stores and facilities attached thereto that are specified by an Ordinance of the Ministry of Economy, Trade and Industry; the same shall apply in paragraph (1) of the following Article) of a large-scale retail store:

(a) matters to be considered for securing the convenience of the residents and the convenience of commercial activities and other businesses in the surrounding area of the large-scale retail store, such as by meeting a demand for parking lots or by taking other measures;

(b) matters to be considered for preventing the deterioration of the living environment of the surrounding area of the large-scale retail store caused by noise and other factors.

(Notification, etc. concerning Establishment of a New Large-scale Retail Store)

Article 5 (1) A person establishing a new large-scale retail store (including cases where a large-scale retail store is newly established as a result of a change to the floor area of the building or a change to the whole or a part of the usage of the existing building; the same shall apply hereinafter) (excluding a person who newly establishes a part of the building for the purpose of using or having others use the space for purposes other than for stores to conduct retail business, but including a person who newly establishes or has already established a part of the building for the purpose of using or having others use the space for stores to conduct retail business; the same shall apply hereinafter) shall make a notification concerning the following matters to the prefecture where said large-scale retail store is located (hereinafter simply referred to as the "prefecture"), pursuant to the provisions of a Cabinet Order:

(i) the name and location of the large-scale retail store;

(ii) the names and addresses of the person establishing the large-scale retail store and the person who conducts retail business at said large-scale retail store, and in the case of a juridical person, the name of the representative thereof;

(iii) the date when the large-scale retail store is newly established;

(iv) the total store floor area in the large-scale retail store;

(v) matters concerning the layout of the facilities of the large-scale retail store that are specified by an Ordinance of the Ministry of Economy, Trade and Industry;

(vi) matters concerning the operational method of the facilities of the large-scale retail store that are specified by an Ordinance of the Ministry of Economy, Trade and Industry.

(2) A notification under the provision of the preceding paragraph shall be attached with documents containing matters specified by an Ordinance of the Ministry of Economy, Trade and Industry.

(3) A prefecture shall, when a notification has been made as prescribed in paragraph (1), publicly notify an outline of the matters listed in the items of the same paragraph, the date of the notification and the place for public inspection promptly, and make said notification document and the attached documents set forth in the preceding paragraph available for public inspection for four months from the day the public notice is given, pursuant to the provisions of an Ordinance of the Ministry of Economy, Trade and Industry.

(4) A person who has made a notification as prescribed in paragraph (1) shall not establish a new large-scale retail store pertaining to said notification until eight months have elapsed from the date of said notification.

(Notification of Changes)

Article 6 (1) With regard to a large-scale retail store, for which a notification has been made as prescribed in paragraph (1) of the preceding Article, when there has been any change to the matters listed in item (i) or item (ii) of the same paragraph pertaining to said notification, a person newly establishing or who has already established said large-scale retail store shall make a notification to that effect to the prefecture, without delay.

(2) With regard to a large-scale retail store, for which a notification has been made as prescribed in paragraph (1) of the preceding Article, when there is to be any change to the matters listed in item (iii) to item (vi) of the same paragraph pertaining to said notification, a person newly establishing or who has already established said large-scale retail store shall make a notification to that effect to the prefecture, in advance; provided, however, that this shall not apply to changes specified by an Ordinance of the Ministry of Economy, Trade and Industry.

(3) The provision of paragraph (2) of the preceding Article shall apply mutatis mutandis to a notification under the provision of the preceding paragraph, and the provision of paragraph (3) of the same Article shall apply mutatis mutandis to a notification pursuant to the provisions of the preceding two paragraphs.

(4) A person who has made a notification as prescribed in paragraph (2) pertaining to the matters listed in item (iii) to item (v) of paragraph (1) of the preceding Article shall not make a change pertaining to said notification until eight months have elapsed from the date of said notification; provided, however, that this shall not apply to minor changes specified by an Ordinance of the Ministry of Economy, Trade and Industry.

(5) A person who reduces the total store floor area in a large-scale retail store to less than the reference area set forth in Article 3, paragraph (1) (for a district for which another reference area has been specified pursuant to the provision of paragraph (2) of the same Article, less than said other reference area) shall make a notification to that effect to the prefecture.

(6) The prefecture shall, when a notification has been made as prescribed in the preceding paragraph, give a public notice to that effect, pursuant to the provisions of an Ordinance of the Ministry of Economy, Trade and Industry.

(Holding of a Briefing Session, etc.)

Article 7 (1) A person who has made a notification as prescribed in Article 5, paragraph (1), or paragraph (2) of the preceding Article (excluding a notification concerning minor changes specified by an Ordinance of the Ministry of Economy, Trade and Industry set forth in the proviso to paragraph (4) of the same Article; the same shall apply hereinafter) shall hold a briefing session to disseminate the contents of said notification and attached documents as set forth in Article 5, paragraph (2) (including the cases where it is applied mutatis mutandis pursuant to paragraph (3) of the preceding Article) (such notification and attached documents shall be referred to as the "notification, etc." in paragraph (4)) (hereinafter such briefing session shall be referred to as a "briefing session" in this Article), in the municipality where the large-scale retail store pertaining to said notification is located (hereinafter simply referred to as the "municipality"), within two months from the date of said notification, pursuant to the provisions of an Ordinance of the Ministry of Economy, Trade and Industry.

(2) A person who holds a briefing session as prescribed in the preceding paragraph (hereinafter referred to as the "host of a briefing session" in this Article) shall fix the scheduled date and place to hold the session and publicize such information, no later than one week prior to the scheduled date, pursuant to the provisions of an Ordinance of the Ministry of Economy, Trade and Industry.

(3) When the host of a briefing session intends to fix the scheduled date and place to hold the session, he/she may hear the opinions of the prefecture and the municipality.

(4) When the host of a briefing session cannot hold a briefing session which he/she has publicly notified as prescribed in paragraph (2), due to a cause that cannot be attributed to him/her and is specified by an Ordinance of the Ministry of Economy, Trade and Industry, he/she shall not be required to hold the briefing session. In this case, the host of a briefing session shall endeavor to disseminate the contents of the notification, etc. pursuant to the provisions of an Ordinance of the Ministry of Economy, Trade and Industry.

(5) In addition to what is prescribed in the preceding paragraphs, the matters necessary for the holding of a briefing session shall be specified by an Ordinance of the Ministry of Economy, Trade and Industry.

(Opinions, etc. of Prefectures)

Article 8 (1) A prefecture shall, when having given a public notice as prescribed in Article 5, paragraph (3) (including the cases where it is applied mutatis mutandis pursuant to Article 6, paragraph (3); the same shall apply in the following paragraph), promptly notify the municipality to that effect, and hear the opinions of the municipality from the viewpoint of preserving the living environment of the surrounding area of the large-scale retail store pertaining to said public notice within four months from the date of said public notice.

(2) When a public notice has been given as prescribed in Article 5, paragraph (3), a person residing in the region of the municipality, a person conducting business activities in the municipality, the Chamber of Commerce and Industry or Society of Commerce and Industry covering the region of the municipality, other organizations located in the municipality, and any other person who has opinions on matters to be considered for preserving the living environment of the surrounding area by the person who establishes the large-scale retail store pertaining to said public notice may present such opinions to the prefecture, by submitting written opinions, within four months from the date of said public notice.

(3) The prefecture shall, pursuant to the provisions of an Ordinance of the Ministry of Economy, Trade and Industry, publicly notify the outline of the opinions obtained from the municipality as prescribed in paragraph (1) and the opinions presented as prescribed in the preceding paragraph, and make these opinions available for public inspection for one month from the date of the public notice.

(4) Within eight months from the day on which a notification was made as prescribed in Article 5, paragraph (1) or Article 6, paragraph (2), the prefecture shall, while taking into account the opinions obtained from the municipality as prescribed in paragraph (1) and the opinions presented as prescribed in paragraph (2) and considering the guidelines, present its opinions in writing to the person who has made said notification if it has any opinions from the viewpoint of preserving the living environment of the surrounding area of the large-scale retail store pertaining to said notification, or notify such person that it has no opinion.

(5) In cases where the prefecture has notified that it has no opinion as prescribed in the preceding paragraph, the provisions of Article 5, paragraph (4) and Article 6, paragraph (4) shall not apply.

(6) The prefecture shall, pursuant to the provisions of an Ordinance of the Ministry of Economy, Trade and Industry, publicly notify the outline of the opinions that it has presented as prescribed in paragraph (4), and make said opinions available for public inspection for one month from the date of the public notice.

(7) A person who has made a notification as prescribed in Article 5, paragraph (1) or Article 6, paragraph (2) shall, in cases where opinions were presented as prescribed in paragraph (4), based on said opinions, make a notification to the prefecture to the effect that he/she will alter said notification or make a report to the prefecture to the effect that he/she will not alter said notification.

(8) The provisions of Article 5, paragraph (2) and paragraph (3) shall apply mutatis mutandis to a notification under the provision of the preceding paragraph.

(9) In cases where opinions were presented as prescribed in paragraph (4), notwithstanding the provision of Article 5, paragraph (4) or Article 6, paragraph (4), a person who has made a notification as prescribed in Article 5, paragraph (1) or a notification concerning matters listed in item (iii) to item (v) of the same paragraph as prescribed in Article 6, paragraph (2) shall not establish the new large-scale retail store pertaining to said notification or make the change pertaining to said notification until two months have elapsed from the date of the notification or the report as prescribed in paragraph (7), respectively.

(10) The provision of Article 6 shall not apply to a notification under the provision of paragraph (7).

(Recommendation, etc. of Prefectures)

Article 9 (1) When a prefecture finds that the contents of a notification or report under the provision of paragraph (7) of the preceding Article do not properly reflect the opinions that the prefecture had presented as prescribed in paragraph (4) of the same Article, and when it finds that it is difficult to prevent the occurrence of a situation that may have extremely harmful effects on the living environment of the surrounding area of the large-scale retail store pertaining to said notification or report, the prefecture may, while having heard the opinions of the municipality and considered the guidelines, recommend that the person who has made a notification as prescribed in Article 5, paragraph (1) or Article 6, paragraph (2) take the necessary measures, by attaching the reason therefor, only within two months from the day on which said notification or report was made.

(2) The content of a recommendation under the provision of the preceding paragraph shall not exceed the extent necessary to prevent the occurrence of the situation prescribed in the same paragraph and shall be unlikely to unjustly harm the interests of a person who has made a notification as prescribed in Article 5, paragraph (1) or Article 6, paragraph (2).

(3) A prefecture shall, when having made a recommendation as prescribed in paragraph (1), notify the municipality of said recommendation and give a public notice of the content of said recommendation, pursuant to the provisions of an Ordinance of the Ministry of Economy, Trade and Industry.

(4) A person who has received a recommendation from the prefecture as prescribed in paragraph (1) shall, based on said recommendation, make a notification concerning the necessary changes to the prefecture.

(5) The provisions of Article 5, paragraph (2) and paragraph (3) shall apply mutatis mutandis to a notification under the provision of the preceding paragraph.

(6) The provision of Article 6 shall not apply to a notification under the provision of paragraph (4).

(7) A prefecture may, when having made a recommendation as prescribed in paragraph (1) and when the person who made a notification concerning said recommendation did not follow said recommendation without justifiable grounds, make a public notification to that effect.

(Consideration for Preserving the Living Environment)

Article 10 (1) A person who has made a notification as prescribed in Article 5, paragraph (1), Article 6, paragraph (2), Article 8, paragraph (7), or paragraph (4) of the preceding Article shall, based on said notification, maintain and operate the large-scale retail store, while giving proper consideration to preserving the living environment of the surrounding area of said large-scale retail store.

(2) A retailer who conducts business activities at a large-scale retail store shall endeavor to cooperate in order to achieve the smooth implementation of the matters concerning a notification under the provision of the preceding paragraph.

(Succession)

Article 11 (1) A person who has succeeded to, from a person who has made a notification as prescribed in Article 5, paragraph (1) or Article 6, paragraph (1) or paragraph (2), a notification or report as prescribed in Article 8, paragraph (7), or a notification as prescribed in Article 9, paragraph (4), possession of the large-scale retail store pertaining to said notification or report shall succeed to the status of the person who has made said notification or report pertaining to said large-scale retail store.

(2) With regard to a person who has made a notification as prescribed in Article 5, paragraph (1) or Article 6, paragraph (1) or paragraph (2), a notification or report as prescribed in Article 8, paragraph (7), or a notification as prescribed in Article 9, paragraph (4), when there has been an inheritance, merger or split (limited to cases where possession of the large-scale retail store pertaining to said notification or report is to be succeeded to), an heir, a juridical person surviving after the merger, a juridical person established due to the merger, or a juridical person that has succeeded to possession of said large-scale retail store due to the split shall succeed to the status of the person who has made said notification or report.

(3) A person who has succeeded to, pursuant to the provision of the preceding two paragraphs, the status of the person who has made a notification as prescribed in Article 5, paragraph (1) or Article 6, paragraph (1) or paragraph (2), a notification or report as prescribed in Article 8, paragraph (7), or a notification as prescribed in Article 9, paragraph (4) shall notify to that effect to the prefecture without delay.

(Cooperation of Relevant Administrative Organs)

Article 12 A prefecture may, when finding it necessary to achieve the purpose of this Act, request the cooperation of relevant administrative organs or relevant local public entities.

(Measures by Local Public Entities)

Article 13 A local public entity shall, when taking the necessary measures, with regard to the location of a store to conduct retail business, for preserving the living environment of the surrounding area, respect the purport of this Act, without taking into account the supply-demand situation of the region.

(Collection of Reports)

Article 14 (1) The prefectual governor may request a person who establishes a large-scale retail store to submit a report to the extent necessary for the enforcement of this Act, pursuant to the provisions of a Cabinet Order.

(2) The prefectual governor may, when requesting a person establishing a large-scale retail store to submit a report as prescribed in the preceding paragraph and when finding it particularly necessary, request a person who conducts retail business in said large-scale retail store to submit a report that will serve as a reference, to the extent necessary, pursuant to the provisions of a Cabinet Order.

(Special Provision for Large Cities)

Article 15 In a Designated City set forth in Article 252-19, paragraph (1) of the Local Autonomy Act (Act No. 67 of 1947) (hereinafter referred to as a "Designated City" in this Article), affairs to be handled by a prefecture or the prefectural governor pursuant to the provisions of this Act shall be handled by the Designated City or the head of the Designated City. In this case, the provisions concerning prefectures or prefectural governors in this Act shall apply to Designated Cities or the head of Designated Cities as the provisions concerning Designated Cities or the head of Designated Cities.

(Transitional Measures)

Article 16 In cases where an order is established, revised or repealed based on the provisions of this Act, the order may specify the necessary transitional measures (including transitional measures concerning penal provisions) to the extent found to be reasonably necessary for such establishment, revision, or repeal.

(Penal Provisions)

Article 17 A person falling under any of the following items shall be punished by a fine of not more than one million yen:

(i) a person who has failed to make a notification as prescribed in Article 5, paragraph (1) or has made a false notification, or who has submitted the attached documents set forth in paragraph (2) of the same Article (including the cases where it is applied mutatis mutandis pursuant to Article 6, paragraph (3), Article 8, paragraph (8) and Article 9, paragraph (5)) that contain a false entry;

(ii) a person who has failed to make a notification as prescribed in Article 6, paragraph (2) or has made a false notification;

(iii) a person who has made a false notification when making a notification as prescribed in Article 8, paragraph (7) or Article 9, paragraph (4).

Article 18 A person who has violated the provisions of Article 5, paragraph (4), Article 6, paragraph (4), or Article 8, paragraph (9) shall be punished by a fine of not more than five hundred thousand yen.

Article 19 A person who has failed to submit a report as prescribed in Article 14 or has submitted a false report shall be punished by a fine of not more than three hundred thousand yen.

Article 20 When the representative of a juridical person or an agent, employee or any other worker of a juridical person or an individual has committed a violation set forth in the preceding three Articles, with regard to the business of said juridical person or individual, not only the offender shall be punished but also said juridical person or individual shall be sentenced to the punishment set forth in the same Articles, respectively.

Article 21 A person who has failed to make a notification as prescribed in Article 6, paragraph (1) or paragraph (5), or Article 11, paragraph (3), or has made a false notification shall be punished by a non-penal fine of not more than two hundred thousand yen.

Supplementary Provisions, Extract

(Effective Date)

Article 1 This Act shall come into effect as from the date specified by a Cabinet Order within a period not exceeding two years from the date of promulgation.

(Repeal of the Act on the Adjustment of Business Activities of Retail Business at Large-scale Retail Stores)

Article 2 The Act on the Adjustment of Business Activities of Retail Business at Large-scale Retail Stores (Act No. 109 of 1973) shall be repealed.

(Repeal of the Act on Special Provisions of the Act on the Adjustment of Business Activities of Retail Business at Large-scale Retail Stores concerning the Establishment of Selling Spaces for Imported Goods)

Article 3 The Act on Special Provisions of the Act on the Adjustment of Business Activities of Retail Business at Large-scale Retail Stores concerning the Establishment of Selling Spaces for Imported Goods (Act No. 81 of 1991) shall be repealed.

(Transitional Measures)

Article 4 With regard to a restriction on the commencement of business or the increase of the store floor area of a retail business to which a public notice given pursuant to the provision of Article 3, paragraph (2) or paragraph (3) of the Act on the Adjustment of Business Activities of Retail Business at Large-scale Retail Stores prior to the repeal as prescribed in Article 2 of the Supplementary Provisions (hereinafter referred to as the "Former Act") pertains, or with regard to a notification, change of notification, succession, recommendation, order to change matters in a recommendation, order to suspend business, report or on-site inspection as prescribed in Article 5, paragraph (1), Article 6, paragraph (1) or paragraph (2), or Article 9, paragraph (1) to paragraph (3) of the Former Act, in cases where any of such acts has been conducted prior to the enforcement of this Act, the provisions then in force shall remain applicable.

Article 5 (1) When a person who has already established a large-scale retail store, at the time of the enforcement of this Act, intends to change the matters listed in Article 5, paragraph (1), item (iv) to item (vi), with regard to said large-scale retail store, for the first time on or after the date of the enforcement of this Act (with regard to a large-scale retail store whose total store floor area comes to exceed the total as on the date of the enforcement of this Act as a result of the commencement of business or the increase of the store floor area pertaining to a notification under the provision of Article 5, paragraph (1) or Article 6, paragraph (1) or paragraph (2) of the Former Act, by the day on which eight months have elapsed from the date of the enforcement of this Act, for the first time on or after the date of the commencement of business or the increase of the store floor area), such person shall notify the prefecture to that effect and regarding any matters listed in Article 5, paragraph (1), item (i), item (ii), or item (iv) to item (vi) that are other than those pertaining to said change.

(2) The provision of Article 5, paragraph (1) shall not apply to a person who had made a notification as prescribed in Article 5, paragraph (1) or Article 6, paragraph (1) or paragraph (2) of the Former Act and who newly establishes what comes to fall under the category of a large-scale retail store by commencing a business or increasing the store floor area pertaining to said notification at a building pertaining to a public notice under the provision of Article 3, paragraph (2) or paragraph (3) of the Former Act by the day on which eight months have elapsed from the date of the enforcement of this Act.

(3) The provision of paragraph (1) shall apply mutatis mutandis to cases where a person establishing a large-scale retail store set forth in the preceding paragraph intends to change the matters listed in Article 5, paragraph (1), item (iv) to item (vi), with regard to said large-scale retail store, for the first time on or after the date of the commencement of business or the increase of the store floor area under the provision of the preceding paragraph.

(4) A notification of matters concerning a change under the provision of paragraph (1) (including the cases where it is applied mutatis mutandis pursuant to the preceding paragraph; the same shall apply in the following paragraph) shall be deemed to be a notification under the provision of Article 6, paragraph (2).

(5) With regard to the application of the provisions of Article 6, paragraph (1) and paragraph (2), Article 10, paragraph (1), and Article 11, part of a notification made under the provision of paragraph (1) regarding matters other than those concerning a change shall be deemed to be a notification made under the provision of Article 5, paragraph (1).

Article 6 (1) A person who has failed to make a notification as prescribed in paragraph (1) of the preceding Article (including the cases where it is applied mutatis mutandis pursuant to paragraph (3) of the same Article) or who has made a false notification shall be punished by a fine of not more than one million yen.

(2) When the representative of a juridical person or an agent, employee or any other worker of a juridical person or an individual has committed a violation set forth in the preceding paragraph, with regard to the business of said juridical person or individual, not only the offender shall be punished but also said juridical person or individual shall be sentenced to the punishment set forth in the same paragraph.

Article 7 With regard to the application of penal provisions to acts committed prior to the enforcement of this Act and acts committed after the enforcement of this Act in cases where the provisions then in force shall remain applicable pursuant to the provisions of Article 4 of the Supplementary Provisions, the provisions then in force shall remain applicable.

(Delegation to a Cabinet Order)

Article 8 In addition to what is prescribed in Article 4 to the preceding Article of the Supplementary Provisions, other transitional measures necessary for the enforcement of this Act shall be specified by a Cabinet Order.

Supplementary Provisions (Act No. 34 of April 23, 1999), Extract

(Effective Date)

Article 1 This Act shall come into effect as from the date specified by a Cabinet Order within a period not exceeding six months from the date of promulgation.

Supplementary Provisions (Act No. 160 of December 22, 1999), Extract

(Effective Date)

Article 1 This Act (excluding Article 2 and Article 3) shall come into effect as from January 6, 2001.

Supplementary Provisions (Act No. 91 of May 31, 2000)

(Effective Date)

(1) This Act shall come to effect as from the date of the enforcement of the Act for Partial Revision of the Commercial Code, etc. (Act No. 90 of 2000).

(Transitional Measures)

(2) In cases where the date of the enforcement of this Act is prior to the date of the enforcement of the provision of Article 8 of the Supplementary Provisions of the Act on the Food and Agricultural Materials Inspection Center (Act No. 183 of 1999), the term "Article 27" in the provision of Article 31 for revising Article 19-5-2, Article 19-6, paragraph (1), item (iv) and Article 27 of the Act on Standardization and Proper Labeling of Agricultural and Forestry Products shall be deemed to be replaced with "Article 26."