Brothel licence

Description

Licence is required for operation of a brothel

General information

A licence is required for the operation of a brothel

Requirements

- Age of majority and ability to act independently

- Citizenship of a contracting party to the EEA Agreement or residence permit under ‘Article 50 TEU’ pursuant to Section 8(1)(13) of the Settlement and Residence Act (Niederlassungs- und Aufenthaltsgesetz)

- The operation must take place in exclusively dedicated premises

- The operation must not go against the public interest

- The location of the brothel must not contravene any municipal ordinance prohibiting the initiation and operation of prostitution in parts of the municipal area

Deadlines

None. The brothel may not be operated before the authorisation has been granted.

Procedure

The application for a brothel licence must be submitted in writing. The following must be enclosed with the application:

- the plans and descriptions necessary to carry out the assessment;

- proof of ownership of the property or, if the applicant is not the owner of the property, the owner’s written consent

- the documents required to assess trustworthiness, such as criminal record certificates or similar evidence;

The decision on the application for a brothel licence must be made in writing.

Authentification and signature

An electronic signature (Handy-Signatur or e-ID) or handwritten signature on the application is not mandatory. In the event of doubt as to identity or authenticity, the authority may require evidence to be produced.

Required documents

- Plans and descriptions

- Right of disposal over the operational premises

- Proof of trustworthiness

- Proof of citizenship;

The documents (copies) may be submitted electronically.

Costs

Administrative charges; fees in accordance with the Fees Act (Gebührengesetz);

Go to form

Application (of the Province of the Tyrol)

Competent Authority

Mayor

Legal remedies

Appeals against administrative decisions can be lodged with the Regional Administrative Court. The appeal must specify the contested decision and the authority that issued it. It must contain a request and set out the grounds on which the allegation of illegality is based. The appeal must be submitted in writing to the authority that issued the decision within 4 weeks of notification of this decision, and must contain information that makes it possible to assess its timeliness. The authority can issue a preliminary decision on the appeal. The appeal can be submitted electronically.

If the administrative authority fails to make a decision within 6 months, you have the option of filing a complaint before the Regional Administrative Court regarding the delay. This must be filed with the defaulting authority. The complaint must specify that authority, set out a specific request and demonstrate that the authority’s time limit for making a decision has expired.