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Registering a prostitution business – what are the requirements?

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German legislators have laid down several formalities that need to be fulfilled in order to apply for a permission to operate a prostitution business: Those comprise a business plan as well as all the necessary data and documents as demanded by the federal state or the authorities to grant such a license and can vary from federal state to federal state. If an individual files for said application, he or she has to state his or her name, date of birth and address. If a legal entity or association of persons (such as an organization or firm) proposes an operating permit, aforementioned corporation must state its company name, address, commercial register number and principal office. See: Prostitute Protection Act (ProstSchG), Article 12 As an illustration, here is a design application by the Cologne district government: http://www.bezreg-koeln.nrw.de/brk_internet/leistungen/abteilung03/34/prostituiertenschutzgesetz/form_betriebskonzept.pdf Please note: it is NOT applicable for every region in Germany. What are the reasons behind not being granted an operation license? • The applicant is a minor. • The operator or another person in charge of the site proves to be unreliable. • The business concept and the location‘s offers indicate that the sexual self-determination of the prostitutes is not ensured or that the sex workers are subject to exploitation. • The minimum requirements regarding the location (insofar as there is no exemption according to Article 18 and 19, ProstSchG). • There are substantial shortcomings in terms of security and health regulations. • The business concept or location is contrary to public interests (particularly in case it poses a serious risk to youth or the environment or proves to be a general disturbance). • The business concept or location violates Article 297 of the introductory laws to the German criminal code (EGStGB) on the prohibition of prostitution. See: Prostitute Protection Act (ProstSchG), Article 14 What are the minimum requirements? Prostitution sites must fulfil several necessary requirements with regard to business plans, location, equipment and quality: • protection of the prostitutes, employees and other service providers who work there as well as • customers • youth protection • protection of the residents and the general public The legislators call for the following minimum requirements to be fulfilled: • Rooms used for sexual services must not be looked into from the outside. • Rooms used for individual sexual services must be equipped with a proper emergency call system and their doors must be openable from the inside at all times. The following concern all prostitution sites. The competent authorities may, however, create exceptions for apartments if these demands require a disproportionately great expenditure or the interests of prostitutes, employees or customers worthy of protection may be ensured in other ways. • There must be a sufficient number of sanitary facilities (bathrooms and lavatories) for prostitutes, employees and customers. • There must be suitable break rooms and lounges for prostitutes as well as employees. • There must be individually lockable storage spaces for the personal items of both prostitutes and employees. • Rooms used for providing sexual services must not be intended for additional use as sleeping and living spaces. The operators of a prostitution site are responsible for compliance with the minimum requirements during business hours. These official instructions also apply to all fixed installations, buildings and rooms used for prostitution events. See: Prostitute Protection Act (ProstSchG), Article 18 The German Federal Ministry of Justice and Customer Protection was one of the sources used for providing these answers. You can also find the full text of the Prostitute Protection Act the website by clicking on „Go to website“. All statements without guarantee and subject to change.
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