“Is the sparrow so unjustly regulated? ]
Last time, “Is Tempin legal? I wrote about the relationship between mahjong and criminal gambling, but this time I would like to consider the relationship between Mahjong and the Fan Management Law. (Reference: Wikipedia “Law on regulations such as customs business and optimization of business, etc.”)
For the relationship between mahjong, gambling and law, I hope you can read these two as a set.
What is regulated by the Law
First of all, please note that “the subject regulated by the Law is the business of the sparrow, not a regulation for mahjong itself.”
If you take the regulation roughly, will it look like the following?
・ Business permit (applying for permission to the Prefectural Public Safety Commission)
・ Business hours (cannot be open from 0:00 am to 6 am)
・ Enter under 18 years old
・ Maximum gaming fee
・ Provision of prizes (cannot provide prizes according to the results of the game)
・ Intervention acts (employees and external outsourcing guests cannot play with their customers)
In addition, you may think of “free business (or no rate with rate)” as an image of Jakuso, but the actual situation is “Rental Table Sales” overwhelmingly (accurate value is unknown, but lending. There is also a feature of 80-90 % of the table business.)
It is also true that there are many sparrow villas who have not been able to comply with this regulation, and some of the Jakuso industries have stated that “the regulations of the law should be amended because the regulations of the law are not suitable for the times.” (Reference: Mahjong Watch “Viewing Law is also looking for the Mahjong Congress era”)
No. 4 business of the Law
There are several types of customs businesses stipulated by the Law, and the sparrow and pachinko parlors are classified as the fourth business (sales that provide equipment to perform gaming with a focus on customers). (Game centers, etc. are open to No. 5)
In spite of the gambling (provided by prizes according to the results of the game), pachinko parlors are operating as legal gaming. (Reference: BLOGOS “Pachinko is not” gray “or” illegal “)
This is within the scope of “Temporary Entertainment ~” as long as the pachinko parlor is operating according to the regulations of the Law, so that the restrictions on the management law do not become illegal to play gambling. This is because it also plays the role to set. (Reference: Pachinkobillage “Answer that the government’s response, pachinko is not a gambling under Article 185 of the Penal Code”)
The reason why this is possible is that the law has the principle of “Grand Father Claw”, and pachinko parlors had vested rights because they existed before the enactment of the cyclic law (Fundamental Law. It is possible to legally do gambling.)
Jakuso and Family
The sparrow villa has also existed before the establishment of the law, and is classified as the same business as a pachinko parlor.
In other words, in the law, “Gambling acts are performed in the business of Jakuso”, and like a pachinko parlor, “provision of prizes” and “set of gambling by restrictions on the restrictions on the management law”. A legal gambling business would have been possible. ( * When I made a hypothesis in “What is the vested right of Jakuso?”
If you return the story to the title here, is the Jakuso really unjustly regulated?
As a result of neglecting industry efforts to utilize vested rights (the rate of joining the Juriso Association, which is the basis for collaboration with the government and collaboration between the jarrow villas, cannot comply with the promised vested interests, is about 20 %. ) It is self -employed that gambling business was not legalized, and it is completely too late to claim vested rights now.
In the end, the claim that “the regulation of the law is in the times” is out of the question (the content of the regulation is not outdated, but the business that ignores the regulations is outdated), and socially “Mahjong gambling is no longer suitable for the times. It should be excluded. “
A sparrow villa that does not play gambling
If Jakuso could establish legal gambling operations using the Law Law, the sparrow villa, which does not perform gambling, would probably have been classified as No. 5 (such as a game center). (In fact, there are game centers specializing in pachinko, and this also corresponds to the amusement casino)
There is not much difference between the regulation itself between the 4th and No. 5 sales, but “10 % rules (in principle, until 22:00, if accompanied by parents)” and “10 % of commercial facilities)” If the floor area is less than 10 %, the permission of the Winding Law is not required, and the exception of sales 5) will be possible.
However, it is true that all the sparrows are classified into No. 4 business, and it is said that even if they do not do gambling business, they are regulated on the premise of that. It can be said that it is unfair.
In response to this situation, it is first that “compliance with the current environmental law regardless of whether or not there is a gambling business (functioning the Jakuso Association as a general organization to ensure thoroughness)” is first. “The continuation of gambling business (the sparrow that eliminates the gambling is aimed at separation to the 5th business) or the full elimination of gambling business (the entire sparrow villa has shifted to the 5th business, and the withdrawal from the well -worked law is also aimed at. ) It is considered necessary to make the ultimate choice.
However, I don’t think there is enough consciousness and physical strength to do it in the sparrow industry, and unfortunately it is unfortunate that it will continue to decline further (sparrow villas that do not perform gambling operations). maybe.
(Postscript 1) Healthy Mahjong and Family Management Law
Until a long time ago, it was an image like “Mahjong, a condominium mahjong”, but recently, “Healthy Mahjong Unauthorized Sales” has become a problem nationwide.
Health Mahjong also has a variety of forms such as no -free, circle activities, mahjong events, and mahjong classes, but “Mahjong table is installed and people continue to do mahjong. “Business form” requires permission from the Law.
If the venue is a sparrow villa (sponsored by Jakuso, rented a sparrow), there is no problem because it has already obtained permission from the Law, and it is not held once more than once every 6 months. There is no problem with the event, which ends in one day or overnight), and if you do not make a profit, it is not a business in the first place, so it is not covered by the Law. (Reference: “Is the participation cost laundering legal?”)
And if the mahjong class is in the form of “teaching mahjong”, it is possible to operate without permission from the environmental law, but “I gradually violated the Mahjong classroom.” It seems that the case, such as the signboard of the mahjong classroom and starting the business of the sparrows from the beginning without permission from the beginning, is subject to police guidance and discovery. (Reference: “Mahjong class business”)
In this case, it has been claimed that the regulation of the law is in the times, but if you want regulations that match the era (instead of using the vested rights of the sparrow), you can only do business 5. There is none. (The claim that “we don’t do gambling, so let’s do business without permission from the law” is completely impossible in the current situation where the gambling cannot be eliminated from the sparrow).
(Postscript 2) Entertainment and focus method
The entertainment act here is (not the meaning 바카라 of entertainment mahjong), “performing play and competition with customers”. To be precise, it is “to treat customers in a way to create a delightful atmosphere”, but the sparrow. This is the case when interpreted in the business of the villa.
In other words, it is forbidden by the Law to play with employees and outsourced guests (as a sparrow -so sales). (If you prepare the appearance of “teaching mahjong” as an exception, you will not be an entertainment act)
This is the same regulation of the Game Center, which is the 5th business of the Fundamental Law, and the same is true for mahjong classrooms, shogi centers, gokai, and board game cafes, which are not subject to the Law. (In the industry that is not covered by the Law, the first business is required to perform entertainment acts, and it is difficult to obtain simultaneously from the 4th and 5th business).
This matter has also been claimed that the regulation of the law is in the times, but similar regulations have been carried out in other industries (other industries have complied but the Mahjong industry has not been able to comply. ) In the situation, I think it is impossible to claim this as an unjust regulation.
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