- A hostess bar in Kabuki-cho, Shinjuku-ward, had its house research on suspicion of unlicensed business, and the manager was arrested. One who has lent the manager his name for business license of the hostess bar also got arrested and detained on a charge of violation of the Act on Control and Improvement of Amusement Business, etc. by the Shinjuku Police Station of the Metropolitan Police Department.
- One under the age 18 entertained customers at a snack bar at Minato-ward, Tokyo Metropolis. As a result of a house research by the Takawa Police Station of the Metropolitan Police Department, the manager of the bar was arrested and detained on suspicion of violation of the Act on Control and Improvement of Amusement Business, etc.
1. Violation of Act on Control and Improvement of Amusement Business, etc.
The Act on Control and Improvement of Amusement Business, etc. provides the limitations of business hour and business area of entertainment and amusement business and the prohibited activities. This act is, for short, called “Fu-ei-ho” or “Fu-teki-ho” in Japanese.
The entertainment and amusement business provided in the Act on Control and Improvement of Amusement Business, etc. include:
“Entertainment restaurant business” such as cabaret, snack bar, hostess bar, bar, club, etc.
“Non-entertainment restaurant business” including disco, night club, dance hall, etc.
“Game hall” such as Japanese pinball parlor, mah-jongg parlor, game center, etc.
“Sex-related amusement special business” including soap land (a type of bathhouse), fashion-health massage, peep room, video theater with a private room, love motel, rent-a-room, adult shop, dispatch style fashion-health massage, prostitution, telephone club (chat line, dating service), etc.
2. Case of Violation of Act on Control and Improvement of Amusement Business, etc.
To do the entertainment and amusement business, it is necessary to get a business permit in advance from prefectural public safety commissions and submit the registration statement on the entertainment and amusement business. Where he/she does the entertainment and amusement business without permit nor submission of the registration statement on the business, or changed the structure of the business without submission of the registration statement on the business even though having a business permit to do the business, one may be accused of violation of the Act on Control and Improvement of Amusement Business, etc.
Major cases of violation of the Act on Control and Improvement of Amusement Business, etc. are as follows.
▼Major Cases of Violation of Act on Control and Improvement of Amusement Business, etc.
| Act that may constitute a crime | Punishment |
| ・Entertainment and amusement business without a business permit (Article 49(1) of the Act) ・Obtainment of a business permit by false claims or fraudulent means (Article 49(2) of the Act) ・Violation of prohibition of lending name (Article 49(3) of the Act) ・Business within the prohibited area of store type sex- related amusement special business (Article 49(5) etc.) |
Imprisonment with work for a term not exceeding two years or a fine not exceeding 2,000,000 yen or combination thereof. |
|
・Changed the structure of business office without |
Imprisonment with work for a term not exceeding one year or a fine not exceeding 1,000,000 yen or combination thereof. |
| ・Put an advertisement within the prohibited area (Article 53(1) and (2) of the Act) ・Not having name-list of employees or made a false statement of the name-list (Article 53(3) of the Act) ・Violated the provision of personal identification of employees (Article 53(4) of the Act) ・Refused, prevented, or avoided the police’s entering (Article 53(7) of the Act) |
A fine not exceeding 1,000,000 yen |
| ・Made a false entry in an application for a business permit or the attachments. (Article 54(1) of the Act) | A fine not exceeding 500,000 yen |
| ・Violation of obligation to present a business permit (Article 55(1) of the Act) |
A fine not exceeding 300,000 yen |
~Defense Activities in Cases of Violation of Act on Control and Improvement of Amusement Business, etc.~
1. Obtain Decision Not To Prosecute
Even in case where he/she got arrested / detained in a case of violation of the Act on Control and Improvement of Amusement Business, etc., one will be released if a public prosecutor decided not to prosecute him/her. In cases of violation of the Act on Control and Improvement of Amusement Business, etc., one will not face a criminal trial nor have a criminal record if not prosecuted. Criminal lawyers of the AICHI Criminal Cases Law Firm work a case from scratch. For that, they have rich experience in defense activities at the investigation stage. They will provide with the best defense activities to obtain decision not to prosecute.
2. Obtain Suspended Sentence
When he/she stood trial in a criminal court and was sentenced to jail terms in case of violation of the Act on Control and Improvement of Amusement Business, etc., one must get into a prison. However, one does not necessarily have to get into a prison immediately if he/she received suspended sentence. One can rehabilitate him/herself going about his/her daily life in society. If one does not commit a crime again for a period of suspension, the sentence will cease to be effective.
Even in case that it is highly likely not to able to avoid a conviction in case of violation of the Act on Control and Improvement of Amusement Business, etc., our lawyers will provide with the best defense activities to mitigate the punishment or get suspended sentence.
3. Early Release
When it is necessary to investigate illegal business forms in case of violation of the Act on Control and Improvement of Amusement Business, etc., one mostly will be kept detained for more than ten days after arrest. It is important to make an assertion on the circumstances favorable to the accused through lawyer to avoid detention after arrest. Lawyer can assert persuasively that there is no doubt that the accused will not flee nor destroy / conceal evidence to the police, public prosecutor, and judge.
When indicted for violation of the Act on Control and Improvement of Amusement Business, etc., there is a possibility that the accused may be released on bail.
You can receive the best advise by the lawyers who have rich experience in case of violation of the Act on Control and Improvement of Amusement Business, etc. at AICHI Criminal Cases Law Firm. Lawyers specializing in criminal / juvenile cases personally provide for “free consultation”. When the suspect was arrested, our law firm provides with “the first interview service” which our lawyers personally go where the suspect is at the earliest on the day.
