Service content
Description of the
A prostitution business is operated 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,
- organises or carries out a prostitution event or
- operates a prostitution agency.
Prostitution establishments are buildings, rooms and other fixed premises that are used on a permanent basis as business premises for the provision of sexual services. This includes all commercially operated business premises and other establishments that are customarily classified as brothels, brothel-like establishments, residential brothels, appointment flats, model flats, etc., regardless of their designation. Furthermore, it is irrelevant how many people work there and what form the legal or tenancy relationship between the operator and the user takes.
Prostitution vehicles are motor vehicles, trailers and other mobile units used for the provision of sexual services.
Prostitution events are events open to the general public at which sexual services are offered by at least one person present at the venue.
An agency arranging prostitution is a commercial agency that arranges for at least one other person to provide sexual services outside the operator’s premises; this also applies where it is merely apparent from the circumstances that the services arranged include sexual acts; for example, the operation of an escort service.
Prostitution vehicles and prostitution events may also be subject to notification requirements.
Anyone wishing to operate a prostitution business through a person appointed as a proxy also requires a proxy licence.
The authorities have rights of information and inspection vis-à-vis licence holders in accordance with Sections 29 - 31 of the Prostitution Protection Act (ProstSchG). For the purpose of monitoring, the authorised representatives of the authorities are entitled to enter the properties and business premises of the persons concerned, to carry out inspections and visits, to inspect business documents and records and to carry out identity checks. At the request of the authorities, the parties concerned must provide the information required for the monitoring of business operations.
Prerequisites
The licence is granted 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.
A licence will only be granted if the business is to be operated in a municipality with a population of at least 30,000, where there is no statutory ban on prostitution covering the entire municipal area, unless the competent government has, by statutory order and in particularly justified cases, exempted individual municipalities from the ban on prostitution, in whole or in part, with their consent.
Deadlines
The application for a licence should be submitted at least 3 months before the planned opening of the business. No prostitution business may be operated without a licence.
Required documents
Business plan
(for details, see Section 16(2) and (3) of the Prostitution Act)
where applicable, identity card, passport, residence permit
(for natural persons or legal representatives, to verify the information in accordance with Section 12(5)(3) of the Prostitution Act)
where applicable, Extract from the commercial register
(for legal entities or associations of persons to verify the information pursuant to Section 12(5)(3) of the Prostitution Protection Act)
where applicable, event concept
(for prostitution events, see Section 16(3) of the Prostitution Protection Act)Costs
500 to €50,000 for the granting of a licence for a prostitution establishment and €100 to €50,000 for the granting of a licence for a prostitution vehicle, for a prostitution event or for a prostitution agency
Legal basis
Further links
- Prostitutes Protection Act (ProstSchG)
The website of the Bavarian State Ministry for Family, Labour and Social Affairs (StMAS) contains basic information on the ProstSchG as well as an overview of the authorities responsible for registration in Bavaria.
- Prostitutes Protection Act (ProstSchG)
Procedure
The licence 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:
- a certificate of good conduct for authorities (Sections 30 (5), 31 and 32 (3) and (4) of the Federal Central Criminal Register Act) and
- 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.
Notes
Licensing or notification obligations under other regulations, in particular under the provisions of catering, commercial, building, water or immission control law, remain unaffected.
Possible requirements for restricted areas must be observed.
Processing time
Usually up to 3 months