In order to prevent brothel or tea-house keepers from evading responsibility, they are required to obey all instructions given by the Police in connection with the control of their businesses; and they are moreover held personally responsible for the laches and torts of their servants, or members of their household, in regard to business matters.
For the purpose of maintaining public order in the streets of the brothel quarters, the planting of flowering trees and shrubs, organized decorations, and spectacular shows are forbidden unless the sanction of the Police has first been obtained. Outside the quarters the Police absolutely prohibit any public displays connected with the brothels or tea-houses; and in the case of outside brothels the regulations require the rooms to be so screened as to be practically invisible from the public road. Such houses are also forbidden to expose their bedding[65] to public view.
To protect women from harsh treatment, brothel-keepers are strictly prohibited from treating inmates in a cruel manner, and forbidden to compel them to incur needless expenditure. In case of sickness, the brothel-keepers are bound to provide medicine and medical attendance; and in order that the girls may be made aware of their rights under the law, it is provided that a copy of the regulations shall be posted up in each brothel in a conspicuous place where it can be easily seen and read by all whom it may concern. While the law is thus solicitous for the welfare of the women, they are by no means allowed too much license, for the regulations provide that any infringement thereof by the prostitutes shall be notified to the Police by the brothel-keepers obtaining knowledge of such infringement.
For the purpose of localizing prostitution as far as possible, introducing tea-houses are forbidden to allow either guests, public women, or geisha (singing and dancing girls) to lodge or sleep therein.
To simplify the work of the Police and to ensure a more efficient control over these haunts of vice, the regulations provide for an elaborate system of what might be termed “local self-government,� in which all classes concerned participate in a greater or lesser degree. Article 26 of Notification No. 37 of the Metropolitan Police Board says:—“Brothel-keepers, introducing tea-house keepers, and prostitutes, belonging to each and every brothel-district, shall form a Guild (Kumi-ai) and frame a constitution[66] therefor. Notice thereof shall be given to the Metropolitan Police Board through the Police Station having jurisdiction, and permission obtained in respect thereto. When the constitution is revised or altered, the same rule applies.�
The Guilds are required to elect a director (tori-shimari) and a vice-director (fuku-tori-shimari), but the Police possess the power of vetoing such appointments, may cancel their approval of appointments, or may order fresh election. Directors of Guilds attend to the collective interests of the members, and are bound to notify the members of all changes in the laws and regulations, and of the purport of any special instructions issued by the authorities.
Articles 30 to 39 (inclusive) of Notification No. 37 deal in detail with the status of prostitutes, and provide (inter alia) that in case of an alteration of the term of service the same must be registered in the Police Station; that no woman may live or practice outside licenced houses; that if she changes her house such change must be notified to the Police under the joint signatures of herself and the keeper of the brothel in which she is presently staying; that changes of residence must be registered at the Police Station; that when a woman removes to a brothel situated in another jurisdiction, the change must be notified through the Police having jurisdiction over her former residence; that all changes of names, status, pseudonyms, fees charged (age-dai), suspensions and resumptions of business must be notified to the Police within three days. The regulations further provide that prostitutes may only hire as servants such persons as are possessed of “Employee’s Books,� and that when employees are engaged or discharged the facts are to be notified to the Police within three days; that they shall submit to certain physical inspections prescribed as necessary to prevent the communication of venereal disease; that they shall not leave the brothel-quarters without official permission, and that they shall respect all special orders of the Police. The women are also forbidden to appear outside the quarters dressed in a loud or showy manner, or to loiter about in the public road or a place visible from a public road.
Articles 40 to 46 (inclusive) of Notification No. 37 provide for a complete system of control over employees of brothels, tea-houses, and prostitutes. Such persons are required to carry with them pass-books wherein are set down particulars of their service record, and details of any punishments they may have undergone. All the movements of employees are thus known to the Police, who inspect and seal the books from time to time, and who have power to confiscate the books and thus prevent the subsequent employment of persons offending against the regulations. If a book be damaged or lost, application for a new book must be made within three days, and, should the bearer of a book entirely quit his employment, an application for cancellation of the same must also be made within three days.
In case the proprietor of a brothel or introducing tea-house is a minor of less than twelve years, or an incompetent person (kinji-san-sha) his legal representative (h�tei dairi-nin) may be held responsible for his acts. In the case of a quasi-incompetent person (jun-kinji-san-sha), his curator (hosa-nin) may be held responsible.
In case of an infringement of the regulations by a juridical person (corporation) the managing member (gy�mu-tant�-nin) may be punished by a police fine.