The prerequisites for issuing a brothel permit are listed in §§ 2 – 6 Security Act of the Province of Salzburg (Salzburger Landessicherheitsgesetz).
The issue of a brothel permit must be applied for in writing. The application must contain the following information:
1. name and address of the applicant, for legal entities also of the authorized representatives;
2. name and address of the owner(s) of the building where the prostitution shall be practiced or arranged; 3. name, address and date of birth of the responsible person or persons, at least one of whom must be present in the brothel continuously during its operating hours;
4. the plans and descriptions necessary for the assessment;
5. the location of the building and part of the building, where the prostitution shall be arranged or practiced, as well as the necessary information about the fulfilment of the substantive requirements (§ 6);
6. a possible alternate usage of the building, in which prostitution shall be practiced or arranged;
7. the operating hours of the brothel;
8. the maximum number of persons, that will practice prostitution in the brothel;
To be enclosed with the application:
1. a land register excerpt stating that the applicant is the sole proprietor of the building concerned, or, if this is not the case, apart from the land register excerpt the written consent of the owner(s);
2. a judicial record, which is at the most two months old, for the applicant and the responsible person;
3. the operational facilities approval for a catering business running in conjunction with the brothel according to §§ 74 ff Gewerbeordnung 1994 (Trade, Commerce and Industry Regulation Act).
The municipality must issue a brothel permit if the personal and objective conditions are fulfilled. The brothel permit must be limited in time or issued with stipulations or under preconditions insofar this is necessary for the protection of the public interest stipulated in § 6. In the permit the directives which must be complied with during the operation of the brothel, must be determined as well.
In any case the following directives must be included: 1. that the person(s), appointed according to § 3(1) Z 3, is/are obliged to be present continuously during the operating hours of the brothel;
2. that minors are not permitted to enter the facility and that the responsible person must prohibit access in the case of doubt concerning the full legal age of a person;
3. that the operator of the brothel is obliged to immediately report the names and addresses of all people practicing prostitution in his/her brothel to the district authorities.
Personal prerequisites:
1) The brothel permit can only be issued to natural or legal persons if the following requirements are met:
1. Natural persons must be of full legal age and reliable.
2. For carrying out the brothel permit, legal persons must appoint a general manager who is of full legal age and reliable.
2) Furthermore the issuing of the brothel permit requires, that the appointed responsible person(s) is/are of full legal age and reliable.
3) The reliability required from persons carrying out a brothel permit is not presumed with a person:
1. that was legally convicted of a crime or an otherwise criminal offence with criminal intent against life and limb, against personal freedom, against another person’s assets or a sexual offence or a criminal offence of danger to the public or an offence under the Pornography Act, under the Addictive Drug Act or under the Weapons Act;
2. that was legally punished twice or more often for a violation according to the first section of this law or comparable laws of other countries or states; or
3. that can, with justifiable grounds due to his/her previous behaviour, be assumed to make use of the brothel permit in an unlawful or improper way. Objective prerequisites
The brothel permit may only be issued if all of the following requirements are met:
1. The proposed location is not within an area that is zoned as a purely residential area, an extended residential area or village area in the zoning plan of the municipality.
2. No prohibition pursuant to § 10 exists for the proposed location.
3. None of the following facilities are located within 300 m of the proposed location:
a) Schools, kindergartens;
b) Youth centres, youth clubs;
c) Homes for children or youths;
d) Public playgrounds;
e) Sports areas;
f) Buildings dedicated to religious purposes;
g) Official buildings;
h) Hospitals, recreation homes;
i) Rest homes and nursing homes;
j) Military barracks.
4. Considering the surrounding area or the character of the municipality it is not to be expected, that due to the operation of the facility including arriving and departing cars during operational hours, the proposed location will cause disturbing nuisance to the local community life in the neighbourhood or in the municipality (especially in regard to security, morality or hygiene or with regard to tourism).
5. The brothel is not operated in caravans, campervans, tents or similar facilities.
6. The building in which the brothel shall be operated, does not serve any other purposes than the one applied for. This condition is still fulfilled if there are apartments in the building, but only if these are exclusively occupied by persons working as prostitutes in the brothel or by persons operating the brothel or by persons appointed as the responsible person.
7. The sanitary equipment of the building complies with the hygienic requirements.
A brothel permit or a permit for a significant alteration of the brothel business is considered to be issued, if the municipality does not issue a decision within a time limit of six months. The delivery of decisions which reject or dismiss the application or accept the application under a collateral clause, to points of delivery in states with no convention guaranteeing the delivery, is presumed to be effective five days after dispatch. On this day, the action of dispatch must be published on the homepage of the single point of contact.