Prostitutionsgewerbe Betrieb Erlaubnis

§ 2 Prostitute Protection Act (ProstSchG)
https://www.gesetze-im-internet.de/prostschg/__2.html
§§ 12 ff. Prostitute Protection Act (ProstSchG)
https://www.gesetze-im-internet.de/prostschg/__12.html
Fee schedule for official acts under the Prostitute Protection Act (GebOProstSchG)
https://www.landesrecht-hamburg.de/bsha/document/jlr-ProstSchGGebOHApP2

Do you want to operate a prostitution business? Here you can find out how and where to apply for a license.

A prostitution business is an establishment in which people offer sexual services or rooms are provided for this purpose.
If you want to operate a prostitution business, you need a permit from the relevant authority.

You need permission if you:

• offer a prostitution establishment such as a building, individual rooms or other fixed facilities for the provision of sexual services,
• provide a prostitution vehicle for the provision of sexual services,
• organize or conduct a prostitution event where at least one person is present who offers sexual services in exchange for money or
• operate a prostitution agency, i.e., introduce at least one other person to clients to offer sexual services outside of your own premises. This also applies if it is only evident from the circumstances that sexual acts are being offered.

• Sole proprietorship (natural person):
  • Application for a license to operate a prostitution business
  • Contract template / sample agreement with prostitutes
  • Identity card, passport or electronic residence permit
  • Operating concept
  • Certificate of good conduct for submission to an authority according to document type “0”, or a European certificate of good conduct (to be applied for at the relevant municipality of residence)
• Companies (legal entities, such as a GmbH):
  • Application for a license to operate a prostitution business
  • Contract template / sample agreement with prostitutes
  • Identity card, passport or electronic residence permit for legal representation
  • Current extract from the commercial register / cooperative register
  • Operating concept
  • Certificate of good conduct for submission to an authority according to document type “0” or a European certificate of good conduct for legal representation (to be applied for at the relevant municipality of residence)
• Additionally for the permission of a prostitution establishment:
  • Rental agreement, lease agreement, usage agreement or proof of ownership
  • Floor plan drawing
• Additionally for the permission of a prostitution vehicle:
  • Registration certificate Part I and Part II

• You are at least 18 years old.
• The prostitution venues and the rooms used for prostitution events meet the following requirements:
  • are not visible from the outside,
  • have a suitable emergency call system
  • the doors can be opened from the inside at any time
  • are not intended for use as living space or bedroom
  • have adequate sanitary facilities, suitable lounges and break rooms as well as individually lockable storage facilities for personal belongings.
• The prostitution vehicles meet the following requirements:
  • have a sufficiently large interior space, adequate interior fittings and adequate sanitary facilities
  • have a valid operating license
  • are in a technically operational condition
  • have doors that can be opened from the inside at any time
  • have technical precautions in place to provide assistance at any time.

The fee is a standard fee according to the fee schedule for official acts under the Prostitute Protection Act, plus expenses for delivery.

• You submit an application to the responsible authority and attach all necessary documents and evidence.
• The responsible body will review your documents. If necessary, they will request additional documents from you. If necessary, a personal interview will be arranged. The responsible body will review your reliability and, if necessary, the reliability of other employees who perform management and/or supervisory duties.
• If the necessary requirements are met, you will receive permission.
• Once you have received permission, you may start the prostitution business.
• If the necessary requirements are not met, you will receive a rejection notice.

Processing depends on the individual case.

Before you start operating, you must have the appropriate permit. Therefore, a timely application is essential.

The permit to operate a prostitution business is generally granted for an unlimited period. The exception is the permit to provide a prostitution vehicle: this is limited to a maximum of three years and can be extended upon request.

The responsible authority has the right to monitor and control your prostitution business. If you operate a prostitution business without a license, you are committing an administrative offense and may be subject to a fine.

In addition to a license for the prostitution business, other permits or notifications may also be required, for example, under the regulations for restaurants, businesses, construction, water, or environmental protection. You may also need a separate permit if you want to use public rights-of-way.

The permit may be limited in time and subject to additional conditions (conditions).

If you wish to operate your prostitution business through a representative, you will also need a representative permit. Employees with management or supervisory functions must also be listed in the application. A background check is also required for these individuals.

Contradiction

• Permission required to operate a prostitution business
• applies to persons who:
  • offer a prostitution establishment for the provision of sexual services,
  • provide a prostitution vehicle for the provision of sexual services,
  • organize or conduct a prostitution event for an open group of participants or
  • operate a prostitution agency

Department of Health, Social Affairs and Integration