Prostitution trade; application for permission to operate

Anyone wishing to operate a prostitution business requires an official permit.

Description

Prerequisites

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 issued 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.

Procedure

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.

Special notes

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.

Deadlines

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.

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 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

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 Erlaubnisausstellung zuständigen Stellen.

Status:02.02.2024

Responsible for editing:Bayerisches Staatsministerium für Familie, Arbeit und Soziales

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