Prostitution business - applying for a licence to operate

• Legal majority www.gesetze-im-internet.de/prostschg/__14.html The applicant or their representative must be at least 18 years of age. • Personal reliability Reliability is verified based on various documents. The competent Public Order Office must obtain a certificate of good conduct for presentation to an authority from the Federal Central Criminal Register for the operator / their representative, as well as an excerpt from the Commercial Central Register and a statement from the police branch that is responsible for the place of residence, from a central police station or the responsible criminal investigation office for the respective federal state. • Minimum requirements for prostitution businesses www.berlin.de/formularverzeichnis/?formular=/wirtschaft/gewe In prostitution premises it must be ensured that the rooms used for the provision of sexual services meet at least the following requirements: • the inside of the rooms must not be visible from the outside, • a suitable emergency call system must be in place, • it must be ensured that the doors can be opened from the inside at all times, and • rooms must not be designated as residential or sleeping areas. Prostitution premises must also: • be equipped with adequate sanitary facilities, • have suitable staff and break areas, and • have individually lockable storage facilities for personal items. Prostitution vehicles must: • have a sufficiently spacious interior and • suitable interior fittings. Further requirements include: • it must be possible at all times to open the doors from the inside, and • technical measures must be in place to ensure that help is available at all times. The vehicles must also: • have adequate sanitary facilities and • a valid operating licence and • be technically operational. The minimum requirements for prostitution facilities also apply for rooms used for prostitution events.

• Application for a licence pursuant to § 12 of the Prostitute Protection Act (ProstSchG) (see ‘Forms’) • Identity document Identity card or other official identification document containing a photograph. Residence permit, if the applicant is not an EU national. • Certificate of good conduct service.berlin.de/dienstleistung/120926/ Certificate of good conduct from the German Federal Central Criminal Register for presentation to an authority (certificate type 0). The certificate must be applied for in the municipality of residence (in the case of Berlin at any Citizens’ Office) for presentation to an authority. This means that it will be sent directly to the competent Public Order Office for the place of business. The certificates must be no older than three months. • Excerpt from the Commercial Central Register, regarding a natural entity service.berlin.de/dienstleistung/327835/ Statement from the Commercial Central Register for natural entities, for presentation to an authority (certificate type 9). The certificate must be applied for in the municipality of residence (in the case of Berlin at any Citizens’ Office) for presentation to an authority. This means that it will be sent directly to the competent Public Order Office for the place of business. The certificates must be no older than three months. • Excerpt from the Commercial Central Register, regarding a legal entity service.berlin.de/dienstleistung/327835/ Statement from the Commercial Central Register for legal entities, for presentation to an authority (certificate type 9). The statement must be applied for with the competent Public Order Office for the place of business. They can also be applied for with the Federal Office of Justice. • Business concept www.gesetze-im-internet.de/prostschg/__16.html The operating concept must provide for a detailed account of the fundamental characteristics of the business, and the arrangements for ensuring compliance with the obligations pursuant to the Prostitute Protection Act. This includes for example a description of: • the typical organisational processes and the framework conditions created by the operator for the provision of sexual services, • measures taken to prevent that any sexual services are provided on behalf of the prostitution business by individuals who are less than 18 years of age, or who are under 21 and the victim of human trafficking and are encouraged by third parties to take up or continue the provision of prostitution services, • measures taken to reduce the risk of infection with sexually transmitted diseases, • further measures taken to protect the health-related interests of prostitutes and third parties, • measures taken to ensure safety for prostitutes, and • measures taken to prevent the presence of individuals under the age of 18. • Information from the debtors' register (Central Enforcement Portal) service.berlin.de/dienstleistung/327028/ • Ground plan Floor plan of the building / rooms, vehicles or other mobile facilities intended for operation of the prostitution business and staff areas (ideally on a 1:100 scale). • Tenancy agreement / evidence of ownership / operating licence Copy of the tenancy agreement / purchasing contract for the buildings / rooms used. Evidence of a valid operating licence (such as a copy of registration certificate I) for a prostitution vehicle in use. • Up-to-date excerpt from the Trade Register www.handelsregister.de/rp_web/welcome.xhtml Registered companies are required to submit an up to date excerpt from the Trade Register when applying. Legal entities that are in the process of being established (GmbH, AG) are required to submit their partnership agreement or statutes.

• Application for a licence pursuant to § 12 of the Prostitute Protection Act (ProstSchG) www.berlin.de/formularverzeichnis/?formular=/wirtschaft/gewe

Between EUR 150.00 and EUR 7,000.00, depending on the administrative effort.

• Prostituiertenschutzgesetz (ProstSchG – Prostitutes Protection Act) § 12 www.gesetze-im-internet.de/prostschg/__12.html

approx. 3 months

• Information on the subject of prostitution (Senate Department for Equal Opportunities) www.berlin.de/sen/frauen/keine-gewalt/prostitution/ • Questions and answers on the Prostitutes Protection Act (Federal Ministry for Family Affairs, Senior Citizens, Women and Youth) www.bmbfsfj.bund.de/bmbfsfj/themen/gleichstellung/frauen-vor • Information on data protection (Ordnungsämter des Landes Berlin) www.berlin.de/formularverzeichnis/?formular=/wirtschaft/gewe

The application for permission to operate a prostitution business must be submitted to the Ordnungsamt (public order office) responsible for the location of the business.