Chapter III Particulars to Be Observed by Secondhand Goods Dealers and Secondhand Goods Market Owners
第三章 古物商及び古物市場主の遵守事項等
第十一条(許可証等の携帯等)
A secondhand goods dealer must carry a permit when peddling or carrying out an auction.
古物商は、行商をし、又は競り売りをするときは、許可証を携帯していなければならない。
A secondhand goods dealer must, when they have a worker such as an agent, employee (hereinafter referred to collectively as "agent") engage in peddling, have the agent carry a peddler's employee card with them, in the form prescribed in the National Public Safety Commission Rules.
古物商は、その代理人、使用人その他の従業者(以下「代理人等」という。)に行商をさせるときは、当該代理人等に、国家公安委員会規則で定める様式の行商従業者証を携帯させなければならない。
When peddling, a secondhand goods dealer or its agent, etc. must present a permit or a peddler's employee card prescribed in the preceding paragraph upon the request of the counterparty to the transaction.
第十二条(標識の掲示等)
A secondhand goods dealer or a secondhand goods market owner must post a sign in the form prescribed by the National Public Safety Commission Rules in a place easily visible to the public at each of their places of business, temporary stores, or secondhand goods markets.
Except in the case where the scale of their business is extremely small or in other cases specified by the National Public Safety Commission Rules (excluding the case where the person is a specified secondhand goods dealer), a secondhand goods dealer or a secondhand goods market owner must, as provided for by the National Public Safety Commission Rules, make their name, the name of the Public Safety Commission that granted the permit, and the permit number (referred to as "name, etc." in the following paragraph) available for public inspection using an automated public transmission by connecting an electronic telecommunications line.
When a specified secondhand goods dealer makes their name, etc. available for public inspection pursuant to the provisions of the preceding paragraph, the specified secondhand goods dealer must make particulars relating to the secondhand goods it handles available for public inspection together with the name, etc.
第十三条(管理者)
A secondhand goods dealer or a secondhand goods market owner must appoint one manager for each place of business or secondhand goods market as the responsible person in charge of properly conducting the business relating to the place of business or the secondhand goods market.
A person who falls under any of the following items may not become a manager:
次の各号のいずれかに該当する者は、管理者となることができない。
a minor;
未成年者
a person who falls under any of items (i) through (vii) of Article 4; or
第四条第一号から第七号までのいずれかに該当する者
a person specified by the National Public Safety Commission Rules as a person who is unable to properly conduct the duties of a manager due to a mental or physical disorder.
心身の故障により管理者の業務を適正に実施することができない者として国家公安委員会規則で定めるもの
A secondhand goods dealer or a secondhand goods market owner must endeavor to have a manager acquire the knowledge, skills, or experience specified by the National Public Safety Commission Rules as necessary for determining whether the secondhand goods the person handles are illicit goods.
If a manager has violated any provisions listed laws and regulations relating to the manager's duties, the Public Safety Commission may recommend the secondhand goods dealer or the secondhand goods market owner to dismiss the manager if it finds that person unfit to act as a manager due to the circumstances.
Article 14Restrictions on Business
第十四条(営業の制限)
A secondhand goods dealer must not receive secondhand goods from a person other than a secondhand goods dealer at any place other than the place of business, or the domicile or residence of the counterparty to the transaction, for purchase or exchange, or on consignment for sale or exchange; provided, however, that this does not apply to cases in which the secondhand goods business is being operated at a temporary store, if the dates, times, and location of the secondhand goods business are reported in advance to the Public Safety Commission with jurisdiction over that location.
A secondhand goods dealer that does not have a place of business within the jurisdictional district of the Public Safety Commission prescribed in the proviso of the preceding paragraph may file a notification under the provisions of the same proviso via the Public Safety Commission with jurisdiction over the location of its place of business.
In a secondhand goods market, selling, purchasing or exchanging secondhand goods, or accepting secondhand goods on consignment for sale or exchange, is prohibited, except between secondhand goods dealers.
Article 15Confirmation and Reporting
第十五条(確認等及び申告)
When a secondhand goods dealer intends to purchase or exchange secondhand goods, or accept secondhand goods on consignment for sale or exchange, the secondhand goods dealer must take one of measures set forth in the in each of the following items in order to confirm the identity of the counterparty:
confirm the address, name, occupation, and age of the counterparty;
相手方の住所、氏名、職業及び年齢を確認すること。
receive a document stating the counterparty's address, name, occupation, and age (limited to a document signed by the counterparty) from the counterparty;
相手方からその住所、氏名、職業及び年齢が記載された文書(その者の署名のあるものに限る。)の交付を受けること。
receive a record of its address, name, occupation, and age by electronic or magnetic means (meaning methods that cannot be recognized by human perception, such as electronic methods, magnetic methods; the same applies hereinafter) from the counterparty, which has been electronically signed by the counterparty with respect to the information (limited to an electronic signature prescribed in Article 2, paragraph (1) of the Act on Electronic Signatures and Certification Business (Act No. 102 of 2000) that is verified as prescribed in Article 2, paragraph (2) of the same Act by a person certified under Article 4, paragraph (1) or Article 15, paragraph (1) of the same Act); or
相手方からその住所、氏名、職業及び年齢の電磁的方法(電子的方法、磁気的方法その他の人の知覚によつて認識することができない方法をいう。以下同じ。)による記録であつて、これらの情報についてその者による電子署名(電子署名及び認証業務に関する法律(平成十二年法律第百二号)第二条第一項に規定する電子署名をいい、当該電子署名について同法第四条第一項又は第十五条第一項の認定を受けた者により同法第二条第二項に規定する証明がされるものに限る。)が行われているものの提供を受けること。
beyond the matters set forth in the preceding three items, measures specified as equivalent by the National Public Safety Commission Rules.
前三号に掲げるもののほか、これらに準ずる措置として国家公安委員会規則で定めるもの
Notwithstanding the provisions set forth in the preceding paragraph, the measures prescribed in the same paragraph are not required to be taken in the following cases:
when transactions in which the total amount of consideration is less than the amount specified by the National Public Safety Commission Rules (excluding transactions that relate to secondhand goods specified by the National Public Safety Commission Rules as transactions for which it is particularly necessary to take the measures prescribed in the preceding paragraph); or
when secondhand goods are purchased from the counterparty to which the goods were sold.
自己が売却した物品を当該売却の相手方から買い受ける場合
When a secondhand goods dealer who intends to purchase or exchange secondhand goods, or accept secondhand goods on consignment for sale or exchange, suspects that the secondhand goods may be illicit, the secondhand goods dealer must immediately report that fact to a police officer.
第十六条(帳簿等への記載等)
When a secondhand goods dealer receives or delivers secondhand goods for sale, purchase or exchange, or receives secondhand goods on consignment to sell, purchase or exchange, the secondhand goods dealer must enter, for each individual transaction, the following particulars in a register or equivalent document (hereinafter referred to collectively as "register") specified by the National Public Safety Commission Rules, or record them by electronic or magnetic means; provided, however, that this does not apply to items set forth in paragraph (2) of the preceding Article, or cases where the delivered secondhand goods are specified by National Public Safety Commission Rules as secondhand goods for which no entry or record is required.
the date of the transaction;
取引の年月日
the items and quantities of the secondhand goods;
古物の品目及び数量
the characteristics of the secondhand goods;
古物の特徴
the address, name, occupation, and age of the counterparty (excluding other parties to which secondhand goods specified by the National Public Safety Commission Rules have been delivered); and
相手方(国家公安委員会規則で定める古物を引き渡した相手方を除く。)の住所、氏名、職業及び年齢
the category of the measures taken under the provisions of paragraph (1) of the preceding Article (or in the case of the measures set forth in items (i) and (iv) of the same paragraph, the category and method).
第十七条
With regard to secondhand goods to be purchased, sold, or exchanged in a secondhand goods market, a secondhand goods market owner must, for each transaction, enter in the register or record by electronic or magnetic means, the particulars prescribed in items (i) through (iii) of the preceding Article, and, the addresses and names of the parties to the transaction.
第十八条
A secondhand goods dealer or a secondhand goods market owner must keep the register. prescribed in the preceding two Articles at the place of business or the secondhand goods market for three years from the date of the last entry, or store the records in electronic or magnetic means prescribed in the preceding two Articles for three years from the date of the recording so that it can be immediately indicated in writing at the place of business or the secondhand goods market.
When a register, or the electronic or magnetic records prescribed in the preceding two Articles, are damaged, lost, or destroyed, a secondhand goods dealer or a secondhand goods market owner must immediately notify the chief of the police station with jurisdiction over the location of the place of business or secondhand goods market.
Article 19Report of Stolen Property
第十九条(品触れ)
When the Superintendent General, the Chief of Prefectural Police Headquarters, or the Chief of a Police Station (hereinafter referred to collectively as the "Chief of Prefectural Police Headquarters, etc.") finds it necessary to do so, they may issue in writing to a secondhand goods dealer or a secondhand goods market owner, a report of stolen property or property acquired through other acts that constitute property crimes (hereinafter referred to collectively as "stolen property, etc.").
When a secondhand goods dealer or a secondhand goods market owner receives a stolen property report issued under the provisions of the preceding paragraph, they must record the date on which the report arrived on the document relating to the stolen property report and store it for six months from the date of arrival; provided, however, that the date of arrival need not be written on a report using an electronic data processing system prescribed in Article 6, paragraph (1) of the Act on the Promotion of Administrative Affairs through the Use of Information and Communications Technology (Act No. 151 of 2002) under the provisions of Article 7, paragraph (1) of that Act.
If a secondhand goods dealer is in possession of the relevant secondhand goods on the day the dealer receives a stolen property report, or receives secondhand goods corresponding to a stolen property report within the period prescribed in the preceding paragraph, the secondhand goods dealer must immediately notify a police officer to that effect.
When secondhand goods corresponding to a stolen property report appear on the secondhand goods market for trading within the period prescribed in paragraph (2), the secondhand goods market owner must immediately notify a police officer to that effect.
The provisions of Article 7, paragraph (3) of the Act on the Promotion of Administrative Affairs through the Use of Information and Communications Technology do not apply in relation to a stolen property report issued using an electronic data processing system prescribed in Article 6, paragraph (1) of the same Act.
情報通信技術を活用した行政の推進等に関する法律第七条第一項の規定により同法第六条第一項に規定する電子情報処理組織を使用して行われた品触れについては、同法第七条第三項の規定は、適用しない。
Article 19-2Limitations on Rescission of Acts Performed in Relation to Secondhand Goods Business
第十九条の二(古物営業に関し行つた行為の取消しの制限)
Acts committed by a secondhand goods dealer (limited to individuals, excluding minors) in relation to the secondhand goods business may not be rescinded due to limitations on capacity.
Article 20Recovery of Stolen or Lost Property
第二十条(盗品及び遺失物の回復)
If stolen or lost property is found among secondhand goods (excluding negotiable instruments payable to order, registered negotiable instruments payable to holder (meaning registered negotiable instruments payable to holder as prescribed in Article 520-13 of the Civil Code (Act No. 89 of 1896)), and bearer instruments) purchased or exchanged by a secondhand goods dealer, the victim, or the owner of the lost property may demand that the secondhand goods dealer return the stolen or lost property without compensation, even if the secondhand goods dealer acquired the stolen or lost property in question in good faith on the public market or from a business handling the same kind of goods; provided, however, that this does not apply after one year has passed from the time of the theft or loss.
第二十一条(差止め)
If there are sufficient reasonable grounds to suspect that secondhand goods purchased or exchanged, or held on consignment for sale or exchange by a secondhand goods dealer are stolen property, etc., the Chief of Prefectural Police Headquarters, etc. may order the secondhand goods dealer to retain the relevant secondhand goods for a period not exceeding thirty days.