Entertainment Business Act types 2 and 3 (low-light and partitioned-seat restaurants): requirements and distance limits for the premises

In short: a "low-light" restaurant (a dimly lit bar, etc.) kept at 10 lux or below, or a restaurant with narrow, hard-to-see-into seats (booth or semi-private partitioned seats), counts as an amusement business even without hostess-style service, and you need a licence from the prefectural public safety commission for each premises. The basis is the Act on Control and Improvement of Amusement Business (the Entertainment Business Act): a low-light restaurant is Article 2, paragraph 1, item 2, and a partitioned-seat restaurant is Article 2, paragraph 1, item 3, with the licence under Article 3, paragraph 1. Unlike a notification, a licence is granted only when you satisfy all of: the location requirement (land-use zoning and distance from protected facilities, i.e. restricted areas), the structural requirement (illumination, sight lines, guest seats) and the personal requirement (the grounds for disqualification in Article 4, paragraph 1). If you do not confirm before renting that the location and structure meet the requirements, you may find after signing the lease that the licence cannot be granted. This article is general information organising the type-2 and type-3 requirements and the flow of the application; it does not judge the outcome of any individual licence.

What are the type-2 and type-3 businesses under the Act?

Even a restaurant that does not provide hostess-style service is regulated as an "amusement business" if the interior is kept dark or the seats are made hard to see into. Two categories apply.

• Low-light restaurant (type 2): Article 2, paragraph 1, item 2 defines "a café, bar or other business, with equipment provided, that serves food and drink to customers and operates with the illumination inside the premises, measured as prescribed by National Public Safety Commission rules, at 10 lux or below." A bar operating at 10 lux or below counts, even without entertainment.
• Partitioned-seat restaurant (type 3): Article 2, paragraph 1, item 3 defines "a café, bar or other business, with equipment provided, that serves food and drink and operates with seating that is hard to see into from outside and that is no more than 5 square metres in area." A shop with hard-to-see-into seats of 5 square metres or less (booth or semi-private) counts.

Both fall within the "entertaining food-and-drink business" in Article 2, paragraph 4, and under Article 3, paragraph 1 you must obtain the licence of the prefectural public safety commission with jurisdiction over the premises, for each premises (the so-called type-2 or type-3 licence).

Category	Example of applicable shop	Basis
Low-light restaurant (type 2)	A dim bar at 10 lux or below	Act Art. 2(1)(ii), Art. 3(1)
Partitioned-seat restaurant (type 3)	A shop with hard-to-see-into seats of 5 m² or less	Act Art. 2(1)(iii), Art. 3(1)

How are they distinguished from type 1 (hostess service) and the specified-amusement restaurant?

These are often confused, but the required procedure depends on the content of the business.

Business content	Required procedure	Basis
Entertaining customers and serving food (snack bar, club, etc.)	Amusement business (type 1) licence	Act Art. 2(1)(i), Art. 3(1)
No entertainment; low light at 10 lux or below	Amusement business (type 2) licence	Act Art. 2(1)(ii), Art. 3(1)
No entertainment; hard-to-see seats of 5 m² or less	Amusement business (type 3) licence	Act Art. 2(1)(iii), Art. 3(1)
Letting customers enjoy amusement and serving alcohol late at night (after midnight)	Specified-amusement restaurant business licence	Act Art. 31-22
Serving alcohol as the main offering late at night (no entertainment, amusement, low light or partitioning)	Late-night alcohol-serving restaurant business notification	Act Art. 33(1)

If there is "entertainment" (Article 2, paragraph 3: "treating customers in a way that creates a mood of pleasure and amusement"), it is type 1; without it, illumination or seat structure can make it type 2 or type 3. Letting customers enjoy amusement and serving alcohol late at night needs the Specified-amusement restaurant business licence; merely serving alcohol late at night with no entertainment, amusement, low light or partitioning needs only the notification in Serving alcohol after midnight: what notification do you need?. Note that type 2 and type 3 are amusement businesses, so under Article 13, paragraph 1 they may not, in principle, operate late at night (from midnight to 6 a.m.); there is an exception, limited to areas and days set by prefectural ordinance, to operate until a time set by ordinance. If you plan "a low-light bar open late," a type-2 licence can run into the operating-hours limit, so decide early which category you will open under. For the case with hostess-style service, see A restaurant with hostess-style service (Entertainment Business Act, type 1).

How far must you meet the structural requirements of illumination, sight lines and seating?

The structural requirement is the "technical standard" under Article 4, paragraph 2, item 1, made concrete by National Public Safety Commission rules (Article 7 of the Enforcement Regulation) and prefectural ordinances. The typical thinking for types 2 and 3 is as follows.

Item	Approach to the standard
Illumination inside the premises	A type-2 business must have structure and equipment that keep illumination from falling to 5 lux or below (in practice, operating roughly in the 5–10 lux band). A type-3 business must keep it from falling to 10 lux or below
Sight lines	A structure in which the guest room cannot easily be seen from outside the premises. A type-2 business must also not place equipment that blocks the line of sight inside the guest room
Prohibited equipment	No equipment liable to harm public morals (equipment specified by the Enforcement Order)
Guest-room floor area, partitions, equipment height	Set by the Enforcement Regulation and prefectural ordinances; figures differ by ordinance

For a partitioned-seat (type-3) business, the seat size (5 square metres or less) is itself the defining element, but the floor area of each guest room and the treatment of the height of seat partitions differ by prefectural ordinance. If the drawings (area-calculation drawing and floor plan) and the actual state differ, you will be flagged in the on-site inspection, so it is safer to build the ordinance and police standards for the location into the interior design stage. Preparing the area-calculation drawing and floor plan and the interior design are the field of architects, surveyors and interior contractors, with whom you contract separately as an independent business from our office.

Where can the property be (land-use zone and distance from protected facilities)?

Even for types 2 and 3, the "location requirement" is what most affects property choice. Article 4, paragraph 2, item 2 provides that a licence will not be granted in areas designated by prefectural ordinance (restricted areas) in accordance with standards set by cabinet order to preserve a good public-morals environment. That cabinet order is Article 6 of the Enforcement Order, which sets a framework allowing ordinances to designate as restricted areas (1) areas where many dwellings are concentrated (residential-cluster areas) and (2) the areas around protected facilities designated by prefectural ordinance, such as schools and hospitals, with the area around a protected facility limited to roughly a 100-metre zone around the site.

Which facilities count as protected facilities, and how many metres the distance is, differ by prefectural ordinance. Even if the property is in a commercial zone, a nearby protected facility such as a school or hospital can make the licence unobtainable due to the distance restriction. Land-use zones are fixed by city planning under the Building Standards Act and change block by block even along the same street. Before deciding on a property, always check both the land-use zone and the distance from protected facilities against the ordinance for the property's location and the guidance of the police station with jurisdiction. This article refrains from giving specific distance figures as a particular municipality's example (they can change with ordinance amendments, so checking the latest ordinance directly is the reliable course).

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Who handles the licence application, the property check and the late-night notification?

Opening a type-2 or type-3 business spans several specialist fields. The roles are as follows.

• Confirming requirements, preparing the application documents and acting as agent for the amusement business (type 2 or 3) licence application, and the late-night alcohol-serving restaurant business notification → Yotsuba Administrative Scrivener Office (administrative scrivener)
• The lease of the shop property, advance checking of the location (land-use zone and distance from protected facilities) and adjusting the terms of use → Yotsuba Real Estate Co., Ltd. (licensed real estate broker)
• Preparing the area-calculation drawing and floor plan, and the interior design and work → architects, surveyors and interior contractors
• Objections to adverse dispositions such as a suspension or revocation of the licence, and criminal matters → lawyers

Yotsuba Real Estate Co., Ltd., a separate business from Yotsuba Administrative Scrivener Office, handles the property search, the lease and the advance check of the land-use zone and distance from protected facilities under a separate contract as an independent business. The area-calculation drawing and floor plan are for architects and surveyors, and objections to dispositions and criminal matters are for lawyers; each contracts separately as an independent business. Each field is on the premise that you contract separately with each counter or qualified professional, and our office receives no referral fee. For the flow of engagement, see Engagement Flow; for fees, see Fee Schedule; and for the whole picture of our services, see Permits and Applications.

What are the risks of unlicensed operation and lending your name?

Operating a type-2 or type-3 business without a licence can be subject, as a breach of Article 3, paragraph 1, to the penalty in Article 49, item 1 (imprisonment of up to five years or a fine of up to 10 million yen, or both). Imprisonment without distinction came into force on 1 June 2025 through amendment of the Penal Code, unifying the former imprisonment with and without work.

Also, "lending your name" — a licensee letting another person run an amusement business under the licensee's own name — is prohibited by Article 11, and a breach is subject to the penalty in Article 49, item 3. There is a dual-liability provision (Article 57) under which, if a company's representative or employee commits a violation in connection with the business, the company as well as the actor can be fined. Running the business yourself after getting a licence "in an acquaintance's name" can amount to lending your name. Unlicensed operation and lending your name are not only criminally punishable but can also affect future licensing as a ground for disqualification (Article 4, paragraph 1), so getting a proper licence from the start is in the end the shortest route. Whether something actually applies, and the check on grounds for disqualification, are made through the applicant's own declaration and a police investigation; confirming a criminal record or history is within the jurisdiction of the applicant and the police.

FAQ

Q. Do I need a licence even without providing hostess-style service?
A. Yes. Even without entertainment, a low-light restaurant keeping illumination at 10 lux or below (Article 2, paragraph 1, item 2) or a partitioned-seat restaurant with hard-to-see-into seats of 5 square metres or less (Article 2, paragraph 1, item 3) counts as an amusement business and needs the licence of the prefectural public safety commission under Article 3, paragraph 1. It is judged by whether the illumination or seat structure touches the standards.

Q. Can a low-light bar operate late at night?
A. A type-2 business is an amusement business, so under Article 13, paragraph 1 it may not, in principle, operate late at night (from midnight to 6 a.m.). There is an exception, limited to areas and days set by prefectural ordinance, to operate until a time set by ordinance, but it depends on the area. An ordinary restaurant whose main offering is serving alcohol late at night, with no entertainment and no low light, needs only the late-night alcohol-serving restaurant business notification under Article 33, paragraph 1. Because the operating-hours treatment changes with the category, checking before opening is essential.

Q. If the property is in a commercial zone, is the distance restriction irrelevant?
A. No. Even in a commercial zone, a nearby protected facility such as a school or hospital designated by prefectural ordinance can make the licence unobtainable under the restricted-area distance limit. Article 6 of the Enforcement Order sets a limit of roughly 100 metres around a protected facility, and the specific facilities and distances are set by ordinance. Check the ordinance for the property's location and the police station with jurisdiction before signing the lease.

Q. May I obtain the licence in an acquaintance's name?
A. Lending your name is prohibited by Article 11, and a breach is subject to the penalty in Article 49, item 3 (the main clause of Article 49 provides imprisonment of up to five years or a fine of up to 10 million yen, or both). There is also a dual-liability provision for companies (Article 57). As a rule, the person who actually runs the business should obtain the licence. Licensing and whether grounds for disqualification (Article 4, paragraph 1) apply are confirmed by a qualified professional after a meeting.

Sources (Primary Information)

• e-Gov Law Search, "Act on Control and Improvement of Amusement Business" (Act No. 122 of 1948), Article 2, paragraph 1, items 2 and 3; Article 2, paragraphs 3 and 4; Article 3, paragraph 1; Article 4, paragraph 1 and paragraph 2, items 1 and 2; Article 11; Article 13, paragraph 1; Article 49; Article 57 (accessed 2026-11-04)
• e-Gov Law Search, "Enforcement Order of the Act on Control and Improvement of Amusement Business" (Cabinet Order No. 319 of 1984), Article 6 (standards for restricted areas; limit of roughly 100 metres around a protected facility) (accessed 2026-11-04)
• e-Gov Law Search, "Enforcement Regulation of the Act on Control and Improvement of Amusement Business" (National Public Safety Commission Rule No. 1 of 1985), Article 7 (technical standards for structure and equipment) (accessed 2026-11-04)
• Each prefecture's ordinance under the Entertainment Business Act (restricted areas; protected facilities; technical standards for structure and equipment; operating hours) (accessed 2026-11-04)
• e-Gov Law Search, "Building Standards Act" (land-use zones) (accessed 2026-11-04)
• Creation of imprisonment without distinction by the Act partially amending the Penal Code (in force 1 June 2025)

This article is general information and does not guarantee the outcome of any individual licence, whether a location falls within a restricted area, compliance with the structural standards, the illumination or seating standards, the required documents, the examination period, or the applicability of grounds for disqualification. Because figures such as illumination, area and distance and the forms differ by prefecture, always check the ordinance for the premises' location and the official guidance of the police station with jurisdiction. The outcome and examination of the type-2 or type-3 licence are decided by the prefectural public safety commission (police station with jurisdiction). The lease and location check are handled by Yotsuba Real Estate Co., Ltd. (licensed real estate broker), the area-calculation drawing and floor plan by architects and surveyors, and objections to dispositions and criminal matters by lawyers, each as an independent business under separate contracts. Our office receives no referral fee. Individual judgements are made by a qualified professional after a meeting. Written by Joji Uramatsu, administrative scrivener and licensed real estate broker.