Prostitutionsgewerbe; Beantragung der Erlaubnis für den Betrieb

A prostitution business is operated by anyone who commercially offers services in connection with the provision of sexual services by at least one other person or provides premises for this purpose by

1. operating a place of prostitution,
2. provides a prostitution vehicle,
3. organizes or carries out a prostitution event or
4. operating a prostitution agency.

Prostitution establishments are buildings, rooms and other fixed facilities that are permanently used as a place of business for the provision of sexual services. This includes all establishments that are usually qualified as brothels, brothel-like establishments, apartment brothels, temporary apartments, model apartments, etc. and are operated commercially, regardless of their name. It is also irrelevant how many people work there and how the legal or tenancy relationship between the operator and user is structured.

Prostitution vehicles are motor vehicles, vehicle trailers and other mobile equipment provided for the provision of sexual services.

Prostitution events are events organized for an open circle of participants at which sexual services are offered by at least one of the persons directly present.

Prostitution brokerage is the commercial brokerage of at least one other person to provide sexual services outside of the operator's prostitution establishments; this also applies if it is only apparent from the circumstances that the brokered services also include sexual acts; e.g. operation of an escort service.

Prostitution vehicles and prostitution events may also be subject to notification requirements.

Anyone wishing to operate a prostitution business through a person employed as a proxy also requires a proxy permit.

The authorities have rights of information and inspection vis-à-vis permit holders in accordance with Sections 29 - 31 of the Prostitution Protection Act (ProstSchG). For the purpose of monitoring, the representatives of the authorities are authorized to enter properties and business premises of the persons concerned, to carry out inspections and visits, to inspect business documents and records and to carry out identity checks. At the request of the authorities, the parties concerned must provide the information required for the monitoring of business operations.

• Operating concept

  (for the contents cf. § 16 paras. 2 and 3 ProstSchG)

• Identity card, passport, residence permit, if applicable

  (for natural persons or legal representatives to verify the information in accordance with Section 12 (5) No. 3 ProstSchG)

• if applicable, an extract from the commercial register

  (in the case of legal persons or associations of persons, to verify the information pursuant to § 12 Para. 5 No. 3 ProstSchG)

• Event concept, if applicable

  (for prostitution events, see § 16 Para. 3 ProstSchG)

The permit is issued for a specific operating concept; the minimum requirements for the respective prostitution business must be met.

In addition, the applicant must be at least 18 years old and have the necessary reliability to operate a prostitution business. In view of the sensitive legal interests of personal freedom, sexual self-determination, physical integrity and the personal safety of prostitutes and clients, particularly high requirements must be placed on reliability.

The permit is only granted if the business is to be operated in a municipality with at least 30,000 inhabitants for which there is no complete ban on prostitution in the entire municipal area by statutory order, unless the competent government has exempted individual municipalities from the ban on prostitution in whole or in part by statutory order in specially justified cases with their consent.

500 to €50,000 for the granting of a permit for a prostitution establishment and €100 to €50,000 for the granting of a permit for a prostitution vehicle, for a prostitution event or for a prostitution agency

The permit must be applied for from the competent authority (district administrative authority or large district town).

The competent authority must obtain the following information as part of the background check:

1. a certificate of good conduct for public authorities (Section 30 (5), Section 31 and Section 32 (3) and (4) of the Federal Central Criminal Register Act) and
2. a statement from the state police authority responsible for the place of residence as to whether facts are known that could give rise to concerns about reliability.

The check of personal reliability is repeated at regular intervals, at the latest after three years.

The application for a permit should be submitted at least 3 months before the planned opening of the business. No prostitution business may be operated without the permit.

Permit or notification obligations under other regulations, in particular under the provisions of restaurant, commercial, building, water or immission control law, remain unaffected.

Possible requirements for restricted areas must be observed.