Chapter II Private Lodging Business
第二章 住宅宿泊事業
Section 1 Notification
第一節 届出等
第三条(届出)
Notwithstanding the provisions of Article 3, paragraph (1) of the Hotel Business Act, a person that has notified the prefectural governor (or the head of a city that establishes health centers or of a special ward (hereinafter referred to as a "city with a health center or special ward") which handle administrative affairs for the private lodging business or other prescribed business prescribed in Article 68, paragraph (1) (the same applies hereinafter, except for paragraph (7) of this Article and paragraphs (1) and (2) of that Article)) that they will run a private lodging business may run the private lodging business.
A person that seeks to make the notification referred to in the preceding paragraph must submit a written notification stating the following particulars to the prefectural governor for each residence where the person seeks to run a private lodging business, pursuant to the provisions of Order of the Ministry of Land, Infrastructure, Transport and Tourism and the Ministry of Health, Labour and Welfare:
the trade name, name, or full name and address;
商号、名称又は氏名及び住所
if the person is a corporation, the full names of its officers;
法人である場合においては、その役員の氏名
if the person is a minor, the full name and address of the legal representative (or if the legal representative is a corporation, its trade name or name and address and the full names of its officers);
未成年者である場合においては、その法定代理人の氏名及び住所(法定代理人が法人である場合にあっては、その商号又は名称及び住所並びにその役員の氏名)
if the person has a business office or office, its name and location;
営業所又は事務所を設ける場合においては、その名称及び所在地
if the person entrusts private lodging management services pursuant to the provisions of Article 11, paragraph (1) (hereinafter simply referred to as "entrustment of private lodging management services"), the trade name, name or full name of the private lodging manager that is entrusted with those services, and other particulars specified by Order of the Ministry of Land, Infrastructure, Transport and Tourism and the Ministry of Health, Labour and Welfare; and
other particulars specified by Order of the Ministry of Land, Infrastructure, Transport and Tourism and the Ministry of Health, Labour and Welfare.
その他国土交通省令・厚生労働省令で定める事項
The written notification referred to in the preceding paragraph must be accompanied by a drawing of the residence relating to the relevant notification, a document pledging that the person seeking to make the notification referred to in paragraph (1) does not fall under any of the items of the following Article, and other documents specified by Order of the Ministry of Land, Infrastructure, Transport and Tourism and the Ministry of Health, Labour and Welfare.
If there has been a change in the particulars listed in paragraph (2), items (i) through (iii), (v), or (vii), the private lodging business operator must notify the prefectural governor to that effect within 30 days from the day of that change, and if it seeks to change the particulars listed in item (vi) of that paragraph, it must notify the prefectural governor to that effect before the change.
住宅宿泊事業者は、第二項第一号から第三号まで、第五号又は第七号に掲げる事項に変更があったときはその日から三十日以内に、同項第六号に掲げる事項を変更しようとするときはあらかじめ、その旨を都道府県知事に届け出なければならない。
The provisions of paragraph (3) apply mutatis mutandis to the notification under the preceding paragraph.
If a private lodging business operator falls under any of the following items, the person specified in the items must notify the prefectural governor to that effect within 30 days from that date (or in the case of item (i), from the date of learning of that fact) pursuant to the provisions of Order of the Ministry of Land, Infrastructure, Transport and Tourism and the Ministry of Health, Labour and Welfare:
if an individual who is the private lodging business operator dies:the heir;
住宅宿泊事業者である個人が死亡したとき その相続人
if a corporation that is the private lodging business operator ceases to exist as a result of a merger:the person who was the officer representing the corporation;
住宅宿泊事業者である法人が合併により消滅したとき その法人を代表する役員であった者
if a corporation that is the private lodging business operator is dissolved as a result of an order commencing bankruptcy proceedings:its bankruptcy trustee;
住宅宿泊事業者である法人が破産手続開始の決定により解散したとき その破産管財人
if a corporation that is the private lodging business operator is dissolved for reasons other than a merger or an order commencing bankruptcy proceedings:its liquidator; or
住宅宿泊事業者である法人が合併及び破産手続開始の決定以外の理由により解散したとき その清算人
if the private lodging business operator has discontinued its private lodging business:an individual who was the private lodging business operator or an officer representing the corporation that was the private lodging business operator.
If a prefectural governor has accepted a notification under paragraph (1) or (4) or the preceding paragraph, and a residence subject to that notification is located within a city with a health center or a special ward (excluding those whose head handles administrative affairs for the private lodging business or other prescribed business prescribed in Article 68, paragraph (1)), the governor must notify the head of that city or special ward to that effect without delay.
Article 4Grounds for Ineligibility
第四条(欠格事由)
Any person who falls under any of the following categories must not run a private lodging business:
次の各号のいずれかに該当する者は、住宅宿泊事業を営んではならない。
a person specified by Order of the Ministry of Land, Infrastructure, Transport and Tourism and the Ministry of Health, Labour and Welfare as being incapable of carrying out a private lodging business properly due to a mental or physical disability;
心身の故障により住宅宿泊事業を的確に遂行することができない者として国土交通省令・厚生労働省令で定めるもの
a person subject to an order commencing bankruptcy proceedings that has not been released from bankruptcy restrictions;
破産手続開始の決定を受けて復権を得ない者
a person who has been ordered to discontinue the private lodging business pursuant to the provisions of Article 16, paragraph (2) if three years have not passed from the date of the order (or if the person to whom the order has been given is a corporation, the person in question includes a person who was an officer of the corporation within 30 days before the date of the order if three years have not passed from the date of the order);
a person who has been sentenced to imprisonment or a heavier punishment or has been sentenced to a fine pursuant to this Act or the Hotel Business Act, if three years have not passed from the day on which the execution of that sentence has been completed or the person ceased to be subject to execution of that sentence;
拘禁刑以上の刑に処せられ、又はこの法律若しくは旅館業法の規定により罰金の刑に処せられ、その執行を終わり、又は執行を受けることがなくなった日から起算して三年を経過しない者
an organized crime group member prescribed in Article 2, item (vi) of the Act on the Prevention of Unjust Acts by Organized Crime Group Members (Act No. 77 of 1991) or a person who ceased to be an organized crime group member prescribed in that item on a day that is not yet five years in the past (hereinafter referred to as a "current or former organized crime group member");
暴力団員による不当な行為の防止等に関する法律(平成三年法律第七十七号)第二条第六号に規定する暴力団員又は同号に規定する暴力団員でなくなった日から五年を経過しない者(以下「暴力団員等」という。)
a minor who does not have the same capacity to act as an adult in relation to business and whose legal representative (if the legal representative is a corporation, including its officers; the same applies in Article 25, paragraph (1), item (vii) and Article 49, paragraph (1), item (vii)) falls under any of the preceding items;
営業に関し成年者と同一の行為能力を有しない未成年者でその法定代理人(法定代理人が法人である場合にあっては、その役員を含む。第二十五条第一項第七号及び第四十九条第一項第七号において同じ。)が前各号のいずれかに該当するもの
a corporation, any one of whose officers falls under any of items (i) through (v) above; or
法人であって、その役員のうちに第一号から第五号までのいずれかに該当する者があるもの
a person whose business activities are controlled by a current or former organized criminal group member.
暴力団員等がその事業活動を支配する者
Section 2 Operation
第二節 業務
Article 5Ensuring the Hygiene of Lodgers
第五条(宿泊者の衛生の確保)
A private lodging business operator must take measures that are specified by Order of the Ministry of Health, Labour and Welfare and are necessary to ensure the hygiene of lodgers for its notified residence, such as limiting the number of lodgers according to the floor area of each room (limited to those used for a private lodging business; the same applies in Article 11, paragraph (1), item (i)), or periodical cleaning.
住宅宿泊事業者は、届出住宅について、各居室(住宅宿泊事業の用に供するものに限る。第十一条第一項第一号において同じ。)の床面積に応じた宿泊者数の制限、定期的な清掃その他の宿泊者の衛生の確保を図るために必要な措置であって厚生労働省令で定めるものを講じなければならない。
Article 6Ensuring the Safety of Lodgers
第六条(宿泊者の安全の確保)
A private lodging business operator must take measures that are specified by Order of the Ministry of Land, Infrastructure, Transport and Tourism and are necessary to ensure the safety of lodgers in the event of a fire or other disasters for its notified residence, such as installing emergency lighting fixtures or marking evacuation routes.
Article 7Ensuring the Comfort and Convenience of Lodgers who are Foreign Tourists
第七条(外国人観光旅客である宿泊者の快適性及び利便性の確保)
A private lodging business operator must take measures that are specified by Order of the Ministry of Land, Infrastructure, Transport and Tourism and are necessary to ensure the comfort and convenience of lodgers who are foreign tourists, such as providing foreign language guidance to lodgers who are foreign tourists on how to use the facilities of a notified residence, providing information on how to use public transportation for travel in a foreign language.
Article 8Keeping a Register of Lodgers
第八条(宿泊者名簿の備付け等)
A private lodging business operator must keep a register of the lodgers in notified residences and other places specified by Order of the Ministry of Land, Infrastructure, Transport and Tourism and the Ministry of Health, Labour and Welfare, enter the full names, addresses, occupations and other information specified by Order of the Ministry of Land, Infrastructure, Transport and Tourism and the Ministry of Health, Labour and Welfare, and submit this when requested by the prefectural governor.
Lodgers must inform the private lodging business operator of the information specified by Order of the Ministry of Land, Infrastructure, Transport and Tourism and the Ministry of Health, Labour and Welfare as referred to in the preceding paragraph when requested to do so.
第九条(周辺地域の生活環境への悪影響の防止に関し必要な事項の説明)
A private lodging business operator must explain particulars that should be considered for preventing noise and other particulars that are specified by Order of the Ministry of Land, Infrastructure, Transport and Tourism and the Ministry of Health, Labour and Welfare and are necessary for preventing adverse effects on the living environment in the surrounding area of notified residence, to lodgers, pursuant to Order of the Ministry of Land, Infrastructure, Transport and Tourism and the Ministry of Health, Labour and Welfare.
A private lodging business operator must provide explanations under the preceding paragraph to lodgers who are foreign tourists in a foreign language they can speak.
Article 10Response to Complaints
第十条(苦情等への対応)
A private lodging business operator must respond appropriately and promptly to complaints and enquiries from residents of the surrounding area of the notified residence.
Article 11Entrustment of Private Lodging Management Services
第十一条(住宅宿泊管理業務の委託)
When any of the following items applies, a private lodging business operator must entrust its private lodging management services subject to the relevant notified residence to a private lodging manager pursuant to the provisions of Order of the Ministry of Land, Infrastructure, Transport and Tourism and the Ministry of Health, Labour and Welfare; provided, however, that this does not apply if the private lodging business operator is a private lodging manager, and the private lodging business operator provides the private lodging management services for the notified residence on its own:
if the number of rooms in the notified residence exceeds the number of rooms specified by Order of the Ministry of Land, Infrastructure, Transport and Tourism and the Ministry of Health, Labour and Welfare as the number at which the proper implementation of the private lodging management services is not likely to be hindered even if a private lodging business operator provides all the services for all the rooms; or
if the business operator is absent (excluding cases specified by Order of the Ministry of Land, Infrastructure, Transport and Tourism and the Ministry of Health, Labour and Welfare as being temporary) while a person is staying in a notified residence (this case excludes cases in which it is found that there is no risk of causing hindrance to the proper implementation of private lodging management services without a private lodging business operator's entrusting those services to a private lodging manager, in consideration of the distance between the residence the private lodging business operator uses and the notified residence and other circumstances).
The provisions of Article 5 through the preceding Article do not apply to a private lodging business operator that runs a private lodging business in a notified residence for which private lodging management services have been entrusted.
第五条から前条までの規定は、住宅宿泊管理業務の委託がされた届出住宅において住宅宿泊事業を営む住宅宿泊事業者については、適用しない。
第十二条(宿泊サービス提供契約の締結の代理等の委託)
If a private lodging business operator entrusts another person with the conclusion of a private lodging business contract (meaning a contract for the provision of private lodging in a notified residence to a lodger; the same applies hereinafter) as its agent or intermediary, the business operator must entrust this to a private lodging intermediary or travel agent.
第十三条(標識の掲示)
Private lodging business operators must display a sign in the form specified by Order of the Ministry of Land, Infrastructure, Transport and Tourism and the Ministry of Health, Labour and Welfare in a place easily visible to the public for each notified residence.
Article 14Periodic Reporting to Prefectural Governors
第十四条(都道府県知事への定期報告)
A private lodging business operator must report regularly to the prefectural governor on the number of days that the business operator let persons stay in its notified residence and other particulars specified by Order of the Ministry of Land, Infrastructure, Transport and Tourism and the Ministry of Health, Labour and Welfare, pursuant to Order of the Ministry of Land, Infrastructure, Transport and Tourism and the Ministry of Health, Labour and Welfare.
Section 3 Supervision
第三節 監督
Article 15Business Improvement Order
第十五条(業務改善命令)
If a prefectural governor finds it necessary to do so in order to ensure proper operation of the private lodging business, the prefectural governor may order the private lodging business operator to change its business methods or take other measures necessary to improve its business operation, to the extent necessary for that purpose.
Article 16Business Suspension Order
第十六条(業務停止命令等)
If a private lodging business operator has violated laws and regulations or an order under the preceding Article in relation to the private lodging business it runs, the prefectural governor may order the suspension of all or part of its business for a specified period not exceeding one year.
A prefectural governor may order the discontinuation of a private lodging business if a private lodging business operator has violated laws and regulations or an order under the preceding Article or the preceding paragraph in relation to the private lodging business it runs, and the purpose of supervision cannot be achieved by other means.
If the prefectural governor has issued an order under the preceding two paragraphs, the prefectural governor must give notification to that effect to the private lodging business operator without delay, indicating the reasons for the order.
Article 17Collection of Report and On-site Inspections
第十七条(報告徴収及び立入検査)
If the prefectural governor finds it necessary to do so in order to ensure the proper operation of a private lodging business, it may request the private lodging business operator to report on its business, or may have their officials enter the notified residence or other facilities, inspect the state of its business or equipment, books and documents and other items, or ask questions to the persons concerned.
The official who conducts an on-site inspection pursuant to the preceding paragraph must carry identification and present it to the person concerned.
前項の規定により立入検査をする職員は、その身分を示す証明書を携帯し、関係者に提示しなければならない。
The authority to conduct an on-site inspection under paragraph (1) must not be interpreted as having been granted for the purpose of a criminal investigation.
第一項の規定による立入検査の権限は、犯罪捜査のために認められたものと解してはならない。
Section 4 Miscellaneous Provisions
第四節 雑則
第十八条(条例による住宅宿泊事業の実施の制限)
If it is necessary to do so in order to prevent the deterioration of the living environment due to noise emissions and other events caused by the private lodging business, a prefecture (or within a city with a health center or a special ward which handles administrative affairs for the private lodging business or other prescribed business prescribed in Article 68, paragraph (1), that city or special ward) may limit the period for carrying out the private lodging business to the extent considered necessary by specifying the area, in accordance with the criteria specified by a Cabinet Order, and as specified by Prefectural or Municipal Ordinance.
Article 19Advice to Private Lodging Business Operators
第十九条(住宅宿泊事業者に対する助言等)
The Commissioner of the Tourism Agency is to provide private lodging business operators with necessary advice and other assistance with regard to measures to improve the reception of foreign tourists, such as the development of facilities with infrastructures that enable the use of the Internet, in order to ensure the proper implementation of the private lodging business.
Article 20Provision of Information on Private Lodging Business
第二十条(住宅宿泊事業に関する情報の提供)
The Commissioner of the Tourism Agency is to provide foreign tourists with information on the state of implementation of the private lodging business and other information on the private lodging business in order to increase the convenience regarding foreign tourists' lodging.
If the Commissioner of the Tourism Agency finds it necessary to do so in order to provide the information referred to in the preceding paragraph, the Commissioner may request the prefectural governor to provide the necessary information concerning notified residences located in the prefecture.
Article 21Relationship with the Building Standards Act
第二十一条(建築基準法との関係)
In the provisions of the Building Standards Act (Act No. 201 of 1950) and orders made thereunder, the terms "residences", "row houses", "apartment houses" and "dormitories" include those which are notified residences.