Prostitutionsgewerbe Betrieb Erlaubnis

§ 12 paragraph 1 Prostitute Protection Act (ProstSchG) - license requirement for prostitution
www.gesetze-im-internet.de/prostschg/__12.html
§ 13 Prostitute Protection Act (ProstSchG) - proxy authorization
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If you want to operate a prostitution business (prostitution establishment, prostitution agency, prostitution vehicle, prostitution event), you need a permit for this.

If you want to operate a prostitution business, you need a permit from the relevant authority. A prostitution business is a business in which services related to the provision of sexual services by at least one other person are offered on a commercial basis or premises are provided for this purpose.
A permit is required for every person who
• offers a place of prostitution such as a building, individual rooms or other fixed facilities for the provision of sexual services,
• provides a prostitution vehicle for the provision of sexual services,
• organizes or carries out a prostitution event for an open group of participants, where at least one of the persons present offers sexual services for payment (for example, public pornography shoot) or
• operates a prostitution agency, i.e. arranges for at least one other person to provide sexual services outside of the operator's prostitution establishments (e.g. call boy/call girl agency, escort agency). This also applies if it only emerges from the circumstances that the services arranged also include sexual acts.

The permit can be limited in time and subject to additional conditions (conditions). The permit to provide a vehicle for prostitution is limited to a maximum of three years and can be extended upon application.

Anyone who wants to operate their prostitution business through a representative also needs a representative permit.

Please note that in addition to the licensing requirement for the prostitution business, there are further licensing or notification requirements under other regulations, in particular under the regulations governing restaurants, trade, construction, water or pollution control.

Sole proprietorship (natural person):
• Identity card, passport, electronic residence permit if applicable
• Operating concept
• Certificate of good conduct for submission to an authority according to document type “0”, or European certificate of good conduct (to be applied for at the relevant municipality of residence)

Companies (legal entities) e.g. GmbH:
• Current extract from the commercial register / cooperative register
• Operating concept
• Identity card, passport, if applicable electronic residence permit for the legal representative(s)
• Certificate of good conduct for submission to an authority according to document type “0” for the legal representative(s), or European certificate of good conduct
(to be applied for at the relevant municipality of residence)

For permission to operate a prostitution establishment additionally:
• Rental, lease or usage agreement or proof of ownership
• Floor plan drawing
For prostitution vehicle permit additionally:
• Operating license (registration certificate part I and part II) All types of business: • Application according to § 12 ProstSchG • Contract template / model agreement with prostitutes

The applicant must be at least 18 years old.

Anyone wishing to operate a prostitution business must undergo a reliability check by the responsible authority.

In prostitution establishments, it must be ensured at least that the rooms used for sexual services:
• cannot be seen from outside,
• have an appropriate emergency call system and
• the doors can be opened from the inside at any time and
• are not intended for use as living or sleeping rooms.
Prostitution establishments must continue to:
• adequate sanitary facilities,
• suitable lounge and break rooms as well as
• have individually lockable storage options for personal items.

Prostitution vehicles must
• a sufficiently large interior and
• adequate interior design and
• have adequate sanitary facilities,
• have a valid operating license and
• be in technically operational condition.
• The doors must be able to be opened from the inside at any time and
• Help must be available at all times via technical precautions.

The minimum requirements for prostitution venues apply accordingly to the rooms used for prostitution events.

This is a standard fee according to the fee schedule for official acts under the Prostitute Protection Act, plus delivery costs.

If you want to operate a prostitution business, you must apply for a permit:
You submit an application to the responsible authority and enclose all the necessary documents and evidence. The submitted documents are checked for completeness and plausibility. Additional documents may be requested if necessary. If necessary, a personal interview will be arranged.
Once you have submitted your application and all the documents are complete, the responsible authority will check whether you meet all the requirements for the permit you have applied for.
If you meet all the requirements, you will receive permission.
You may only start working as a prostitute once you have received permission.
If the requirements are not met, a rejection notice will be issued.

Depending on the testing effort

Before you start your business, you must have the appropriate permit. It is therefore important to submit your application in good time.

If you want to employ people who will take on a deputy, managerial or supervisory role, they must also be reported to the relevant authority before starting work. These roles are subject to a reliability check.

Note on proxy permission:
If your prostitution business is to be operated by a person appointed as a representative, a separate permit and reliability check is required.

The responsible authority has extensive supervisory rights. Failure to comply with the permit requirement can be punished accordingly. Please note that in addition to the permit requirement for the prostitution business, there are further permit or notification requirements under other regulations, in particular under the regulations governing restaurants, trade, building, water or pollution control. A permit for special use of public paths may also be required.

Contradiction

Prostitution: Operating Permit
• The operation of a prostitution business (prostitution establishment, prostitution agency, prostitution vehicle, prostitution event) is subject to a license as a prostitution business.
• Permission is granted if certain legally defined conditions are met.
• The permission is issued as a binding decision.
• The permit may be limited in time.

Authority for Labor, Health, Social Affairs, Family and Integration