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
- operates a prostitution establishment
- provides a prostitution vehicle
- organizes or conducts a prostitution event, or
- 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.