64. Law Concerning The Measures By Large Scale Retail Stores For Preservation Of Living Environment


(1) PURPOSE OF THE LAW AND SYSTEM
The purpose of this law is to foster the sound development of the retailing sector as a whole, and thus, the sound development of the national economy and regional society and the elevation of the national standard of living. To achieve that end, this Law ensures due consideration by store openers with respect to the arrangement of facilities and store operations in large scale retail stores, thereby maintaining the living environment of areas within the vicinity of large scale retail stores.

(2) PURPOSE OF THE LAW AND SYSTEM
The Law prescribes procedures for the promotion of the harmonization between large-scale retail stores and the surrounding environment, including Standard Retail Space (Article 3), guidelines concerning factors to be considered by large scale retail store openers (Article 4), notification (Article 5) and Public Briefing (Article 7) (enforcement from June, 2000).

(3) CABIENT ORDER, MINISTERIAL ORDINANCE AND THE GUIDELINE
Enforcement Order of the Law Concerning the Measures by Large Scale Retail Stores for Preservation of Living Environment
Enforcement Regulations of the Law Concerning the Measures by Large Scale Retail Stores for Preservation of Living Environment
Guidelines concerning factors to be considered by large scale retail store openers

(4) OUTLINE OF THE LAW
1) Items Covered
Large-scale retail stores of floor space exceeding 1,000 square meters. However, when a prefectural government deems it appropriate to apply another standard retail space in excess of the standard retail space to areas within their territory, it may on the basis of by laws designate such another standard retail space in place of the standard retail space (Article 3 of the Law, Article 2 of the Cabinet Order).

2) Outline of Standards
i. Matters subject to be considered by large scale retail store openers (Guidelines, Article 4)
It is stipulated that the Minister of Economy, Trade and Industry shall establish and publish guidelines concerning the following matters.
(a) Matters to be considered to ensure convenience in living or businesses of residents, for example, by furnishing satisfactory parking space.
(b) Matters to be considered to prevent deterioration in the living environment resulted from, for example, the emission of noise, etc.

ii. Main body of implementing the Law
The main bodies to implement the Law shall be prefectures and ordinance-designated cities. At the same time, they shall reflect the intentions of municipalities and ensure opportunities for extensive residents to express their opinions (Articles 5-3, 8-1 and 9-1, etc).

iii. Flowchart of procedures
Flowchart of the "Daiten-Ricchi Ho"
(Procedure under Article 5 to Article 9)
Flowchart of procedures


(5) Important Recent Amendments
To deal with prostration in inner city areas caused by closure of large-scale retailers, Law on the Special Zones for Structural Reform allowed preferential regulatory measures simplifying the procedures regarding the Daiten-Ricchi Ho, thereby facilitating rapid store establishment and fill-up of vacant store lots, with a view to revitalizing the commercial activity in the inner city.
For the following notifications required by the Daiten-Ricchi Ho for large-scale retail stores, the following are the exempted items for ones in the special zones:

1) Articles 5.4 and 6.4: on restrictions on implementation of establishment or changes
2) Articles 8 and 9: on procedures for requests on collecting views from local residents, submission of intent to local government, etc.
3) Article 4.1.1 to 4.1.12 of the Enforcement Regulations: on documents regarding factors for considerations including traffic issues, noise reduction, etc.

(6) REFERENCE INFORMATION
(Liaison Office for Further Information)
Distribution Industry Division, Commerce and Information Policy Bureau, Ministry of Economy, Trade and Industry
Tel: 03-3501-1708 http://www.meti.go.jp