Summary of the license requirement in the prostitution business
The prostitute protection law provides very comprehensive obligations for operators of escort agencies and escort ladies. Operators will need a license in the future. Escort ladies have to register and visit a health consultation.
Duties for the escort agency
Prerequisite for the granting of a permit is the presentation of a permissible operating concept. Another requirement is the “reliability” of the applicant. This required reliability will NOT be available in the event of a final conviction within the last five years for violation of restricted area regulations or pimping. But even violations of the law on foreigners or the law against illicit work can and will probably lead to the rejection of the applied for license.
After the operating permit has been issued, extensive obligations must continue to be met. So no escort ladies are allowed to be employed without a registration certificate. The operator is also taken to joint responsibility for compliance with the Kondompflicht. He must provide enough condoms and point out condom traffic.
The ProstSchG now also makes it clear that an operator may not exercise any authority over escort ladies. (On our website this has always been ruled out) Rules regarding sexual practices and dress codes are also inadmissible. Agreements about services of the operator to escort ladies and vice versa necessarily require the written or electronic form! In addition to tax records, the operator also has extensive records and storage obligations under the Prostitute Protection Act. The records are to be made daily and kept for two years. The granted operating permit can be withdrawn or revoked.
Duties for the escort ladies
This includes the obligation to register before beginning the activity. The responsible authority is not regulated by law. For this purpose, the cities and municipalities will still make arrangements. The registration has to take place in any case, where the activity should predominantly be exercised. The registration must be done in person. German and EU member states only need their identity card or passport. For all other foreign escort ladies, proof of entitlement to pursue self-employment is also required, unless they are entitled to free movement. When registering, an information and consultation meeting is to lead. In this conversation the escort lady is to be informed about her rights and duties. The escort lady receives a certificate via the registration. This must always carry them with you and submit to a landlord, operator or escort agency. The registration certificate is valid for two years and for persons under the age of 21 for one year. So it has to be renewed constantly.
In addition to the registration certificate, it is also possible to obtain an alias certificate. This certificate does not list the correct first and last name but an alias (work name / pseudonym).
In addition, the registration is associated with participation in a health consultation. The prostitute receives a certificate about this. This has to be submitted to you when registering to work (s.o.). After registration, this health consultation must be repeated every 12 months. Prostitutes under the age of 21 must even repeat this consultation at least every 6 months. A breach of these obligations can have significant consequences. Fines of up to one thousand euros can be imposed. In the worst case, the further exercise of the activity as an escort lady can be banned.
Another new feature is the legal obligation to use condoms. So far, only individual regulations exist in regulations. Anyone starting with the activity must register immediately and be given health advice from 01.07.2017. It is also important to know that the authority issuing the registration certificate will inform the responsible tax office without delay of the content of the application.