Article 15Permission to Use of Hot Springs
第十五条(温泉の利用の許可)
A person intending to use a hot spring for public bathing or drinking must apply to the prefectural governor and obtain the permission pursuant to the provisions of the Order of the Ministry of the Environment.
温泉を公共の浴用又は飲用に供しようとする者は、環境省令で定めるところにより、都道府県知事に申請してその許可を受けなければならない。
A person that falls under any of the following items may not obtain the permission referred to in the preceding paragraph:
次の各号のいずれかに該当する者は、前項の許可を受けることができない。
a person that has been sentenced to a fine or a more severe punishment pursuant to the provisions of this Act, and two years have not elapsed since the day the person finished serving the sentence or ceased to be subject to its enforcement;
この法律の規定により罰金以上の刑に処せられ、その執行を終わり、又はその執行を受けることがなくなつた日から二年を経過しない者
a person whose permission referred to in the preceding paragraph has been revoked pursuant to the provisions of Article 31, paragraph (1) (limited to the part related to items (iii) and (iv)), and two years have not elapsed since the date of revocation; or
a corporation, any of whose officers fall under any of the preceding two items.
法人であつて、その役員のうちに前二号のいずれかに該当する者があるもの
When a prefectural governor finds that the composition of a hot spring is harmful to health, the governor may refuse to grant the permission referred to in paragraph (1).
The provisions of Article 4, paragraphs (2) and (3) apply mutatis mutandis to the permission referred to in paragraph (1). In this case, the term "for the protection of hot springs, the prevention of disasters caused by flammable natural gas, and other matters in public interest" in paragraph (3) of the same Article is deemed to be replaced with "for public health".
Article 16Merger and Split of a Corporation That Has Obtained Permission to Use Hot Springs
第十六条(温泉の利用の許可を受けた者である法人の合併及び分割)
In the case of a merger of corporations that have obtained the permission referred to in paragraph (1) of the preceding Article (excluding the situation where a corporation that has obtained the permission referred to in the same paragraph continues to exist after merging with a corporation that has not obtained the permission), or in the case of a split (limited to situations where the entire business of providing hot springs related to the permission for public bathing or drinking is succeeded), if the approval of the prefectural governor has been obtained for the merger or split, the corporation that continues to exist after the merger, the corporation established by the merger, or the corporation that succeeds to the entire business through the split is to succeed to the status of the person that has obtained the permission referred to in the same paragraph.
The provisions of Article 4, paragraph (2) and paragraph (2) of the preceding Article apply mutatis mutandis to the approval referred to in the preceding paragraph. In this case, the phrase "a person that falls under any of the following items" in paragraph (2) of the same Article is deemed to be replaced with "if the corporation surviving a merger, the corporation established by the merger, or the corporation succeeding to the entire business of providing hot springs for public bathing or drinking through the split falls under any of the following items".
Article 17Inheritance of Rights to Use Hot Springs by a Person That Obtained Permission
第十七条(温泉の利用の許可を受けた者の相続)
If a person who obtained the permission referred to in Article 15, paragraph (1) dies, and the heir (if there are two or more heirs and the heir who is to succeed to the business of providing hot springs related to the permission for public bathing or drinking is selected with the consent of all the heirs, that person; the same applies below in this Article) intends to continue the business of providing hot springs related to the permission for public bathing or drinking, the heir must apply to the prefectural governor within sixty days after the death of the decedent and obtain the approval of the prefectural governor.
If an heir applies for the approval referred to in the preceding paragraph, the permission referred to in Article 15, paragraph (1) which has been granted to the decedent is deemed to have been granted to the heir from the date of the death of the decedent until the date on which the heir obtains the approval or receives notice of non-approval.
The provisions of Article 4, paragraph (2) and Article 15, paragraph (2) (excluding the part related to item (iii)) apply mutatis mutandis to the approval referred to in paragraph (1).
An heir who has obtained the approval referred to in paragraph (1), succeeds to the status of the person that has obtained the permission referred to in Article 15, paragraph (1) in relation to the decedent.
A person that provides hot springs for public bathing or drinking must make a posting of the following information at the place that can be seen most easily in the facility, pursuant to the provisions of the Order of the Ministry of the Environment:
温泉を公共の浴用又は飲用に供する者は、施設内の見やすい場所に、環境省令で定めるところにより、次に掲げる事項を掲示しなければならない。
compositions of a hot spring;
温泉の成分
contraindications;
禁忌症
precautions concerning bathing or drinking; and
入浴又は飲用上の注意
beyond what is referred to in the preceding three items, any additional information specified by the Order of the Ministry of the Environment as necessary for bathing or drinking.
前三号に掲げるもののほか、入浴又は飲用上必要な情報として環境省令で定めるもの
The posting under the provisions of the preceding paragraph must be made based on the results of the composition analysis of hot spring (meaning an analysis and inspection of the compositions of the hot springs conducted for that posting; the same applies below) conducted by a person that has obtained the registration under paragraph (1) of the following Article (below referred to as "registered analytical facility").
A person that provides hot springs for public bathing or drinking must undergo a composition analysis of hot spring referred to in the preceding paragraph for each period specified by Cabinet Order, and must change the content of the posting under the provisions of paragraph (1) based on the results within 30 days from the day on which the person received the notification of the results.
When a person that provides hot springs for public bathing or drinking intends to make a posting under the provisions of paragraph (1) or change the content of the posting, the person must give notice of the content of the posting to the prefectural governor in advance, pursuant to the provisions of the Order of the Ministry of the Environment.
When a prefectural governor finds it to be necessary to protect the health of persons who bathe in a facility as referred to in paragraph (1) or persons who consume a hot spring beverage as referred to in that paragraph, the governor may order the person to change the content of the posting that has been filed under the provisions of the preceding paragraph.