Prostitution Industry; Applying for a License to Operate

A person operates a prostitution business if they offer, on a commercial basis, services related to the provision of sexual services by at least one other person, or provide premises for this purpose, by

1. operating a prostitution establishment,
2. providing a vehicle used for prostitution,
3. organizes or conducts a prostitution event, or
4. operates a prostitution agency.

Prostitution establishments are buildings, rooms, and other fixed facilities that are permanently used as business premises for the provision of sexual services. This includes all commercially operated business premises and other establishments—regardless of their designation—that are commonly classified as brothels, brothel-like establishments, apartment brothels, appointment apartments, model apartments, etc. Furthermore, it is irrelevant how many people work there and what the legal or rental relationship between the operator and the user entails.

Prostitution vehicles are motor vehicles, vehicle trailers, and other mobile facilities provided for the purpose of providing sexual services.

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

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

Additional reporting requirements may apply to prostitution vehicles and prostitution events.

Anyone who wishes to operate a prostitution business through a person acting as a representative must also obtain a representative’s permit.

The authorities have the right to request information and conduct inspections of permit holders pursuant to Sections 29–31 of the Prostitute Protection Act (ProstSchG). Authorized representatives of the authorities are empowered, for the purpose of monitoring, to enter the property and business premises of the persons concerned, to conduct inspections and surveys there, to examine business documents and records, and to carry out identity checks. Upon request by the authorities, the persons concerned must provide the information necessary for the supervision of business operations.

Contact:

+(49) 09131 / 86 - 3036

+(49) 09131 / 86 - 2363

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

In addition, the applicant must be at least 18 years old and possess the reliability required to operate a prostitution business. Given the sensitive legal interests of personal freedom, sexual self-determination, physical integrity, and personal safety of sex workers and clients, particularly high standards of reliability must be applied.

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

The permit must be applied for at the competent authority (district administrative authority or district seat).

As part of the background check, the competent authority must obtain the following information:

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

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

Permit or notification requirements under other regulations—in particular those under restaurant, business, building, water, or environmental protection laws—remain unaffected.

Any restrictions regarding restricted areas must be observed.

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

• Operating Concept
  (For details on the content, see § 16, paras. 2 and 3 of the ProstSchG)
• If applicable, ID card, passport, residence permit
  (for natural persons or legal representatives, to verify the information pursuant to § 12(5)(3) of the Prostitution Protection Act)
• if applicable, an extract from the commercial register
  (for legal entities or associations of individuals, to verify the information required under § 12(5)(3) of the ProstSchG)
• Event concept, if applicable
  (at prostitution events; see § 16(3) of the Prostitution Act (ProstSchG))

500 to 50,000 € for the issuance of a permit for a prostitution establishment, as well as 100 to 50,000 € for the issuance of a permit for a prostitution vehicle, a prostitution event, or a prostitution referral service