Formalities - Adult clubs, brothels, eros centers - Prostitution business; application for permission to operate - Dienstleistungsportal Bayern

Description

A prostitution business is conducted 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. operates a prostitution establishment
2. provides a prostitution vehicle
3. organizes or conducts a prostitution event, or
4. operates a prostitution agency.

Prostitution establishments are buildings, rooms and other fixed installations that are permanently used as business premises for the provision of sexual services. This includes all business premises and other establishments usually qualified as brothels, brothel-type establishments, apartment brothels, date apartments, model apartments, etc., operated on a commercial basis, regardless of the designation. In addition, it is irrelevant how many persons work there and how the legal or rental relationship between 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 group of participants at which sexual services are offered by at least one of the persons directly present.

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

In addition, notification requirements may apply to prostitution vehicles and prostitution events.

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

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

Prerequisites

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

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

Permission is only granted if the trade 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 municipality 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 particularly justified cases with their consent.

Procedure

The permit must be applied for at 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 (§ 30 (5), § 31 and § 32 (3) and (4) of the Federal Central 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 review of personal reliability is repeated at regular intervals, at the latest after three years.

Special notes

Permission or notification obligations according to other regulations, in particular according to the regulations of the restaurant, trade, building, water or immission control law, remain unaffected.

Deadlines

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

Processing time

Usually up to 3 months

Required documents

• Operating concept

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

• Identity card, if applicable

  (in the case of natural persons, to verify the information provided pursuant to Section 12 (5) No. 3 of the Prostitution Protection Act)

• 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

  (in the case of prostitution events, cf. § 16 para. 3 Prostitution Act)

Fees

• 500 to 50,000 € for the issuance of a permit for a prostitution establishment and 100 to 50,000 € for the issuance of a permit for a prostitution vehicle, for a prostitution event or for prostitution brokering

Legal bases

• §§ 12 ff. Gesetz zum Schutz von in der Prostitution tätigen Personen (Prostituiertenschutzgesetz - ProstSchG)

Remedy

Links to more information

• Prostituiertenschutzgesetz

  Die Internetseite des Bayerischen Staatsministeriums für Familie, Arbeit und Soziales enthält neben grundsätzlichen Informationen zum ProstSchG auch eine Übersicht über die in Bayern für die Anmeldung zuständigen Stellen.