Registration for prostitution business (brothel)
Anyone who wants to run a prostitution business or organise prostitution events needs a permit.
Description
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
- operating a place of prostitution,
- provides a prostitution vehicle,
- organising or carrying out a prostitution event or
- operating a prostitution agency.
According to current legal opinion, lap dancing and private dancing also fall under sexual services in accordance with Section 2 (1) sentence 1 ProstSchG. This means that businesses that also offer lap dancing on their premises are also required to obtain a licence.
Anyone wishing to offer table dance performances requires a licence in accordance with Section 33a of the Trade Regulation Act (GewO). The licence for the commercial display of persons can be applied for on site at the responsible district inspection.
The corresponding licence must be applied for from us before starting the business. (If a prostitution business was operated before 1 July 2017, there was an obligation to notify us by 1 October 2017 and an obligation to apply for a permit by 31 December 2017)
We can also issue orders and impose conditions prior to the decision on the application. The continuation of the prostitution business can be prohibited if the requirements for the revocation of the licence are met.
No licence can be issued without an operating concept.
Important:
The granting of a licence for a prostitution business by us is without prejudice to a licence/approval under other legal provisions. If regulations, in particular those relating to catering, commercial, building, water or immission control law, are violated, the respective authorities are free to issue a prohibition despite the prostitution business permit.
Required documents
- fully completed application form
- Identity card or passport
- Copy of the lease agreement
- Location and floor plans (scale 1:100)
- Operating concept
- for legal entities: Extract from the commercial or association register
Further documents requested directly by the district administration department:
- Certificate of good conduct
- Information from the central trade register
- Statement from the responsible police station
Questions & Answers
The operator of a prostitution business and the representative in accordance with Section 13 of the Prostitution Protection Act (ProstSchG).
No, there are no provisional licences in the prostitution trade (in contrast to restaurant licences).
In the case of non-German nationals (especially those from outside the EU), the provisions of immigration law must be observed when taking up self-employment. Information can be obtained from the Foreigners Office.
In the event of a criminal record or other serious negative findings about the applicant or the persons working in the business, the prostitution business may be refused.
Legal basis
§ Section 12 ProstSchG (Sections 14, 15, 16, 17, 18, 19 and 20 ProstSchG)