Commercial exhibition of persons - apply for a permit

The requirements for obtaining a permit are

• You must have the necessary reliability for the business operation or guarantee that you will operate the exhibition of persons properly in the future.
• The exhibition must not be contrary to public decency.
  Displays of persons are usually contrary to public decency if they are incompatible with the human dignity of the person being displayed. It does not matter whether the person concerned consents to this. Peep shows and sexual intercourse in front of an audience, for example, are considered unlawful within the meaning of this definition.
• The business establishment must not be contrary to the public interest in terms of its location or the use of the premises.
  On the one hand, the surroundings of the commercial establishment are decisive. Usually, such businesses are not permitted in the immediate vicinity of churches or schools. Outsiders should not be unintentionally confronted with displays. On the other hand, a business may not be permitted if it emits unacceptable emissions, e.g. odors or noise.

You can apply for permission in writing or in electronic form to the responsible office. A simple e-mail is not sufficient. You can also apply for the permit via the network of single points of contact.

You must provide the required information and submit any documents that may be relevant to the assessment of your application.

Permission may be granted for a limited period or subject to conditions if this is necessary to protect the general public, guests, residents of the business premises or neighboring properties. Conditions may also be added, amended or supplemented at a later date.

• Completed application form
• Copy of identity card or comparable identification document
• Current excerpt from the commercial or cooperative register, if the company is entered in the register; otherwise a copy of the articles of association (e.g. for a civil law partnership (GbR))
• If the company is based abroad: documents from the country of domicile that prove the legal form
• Extract from the Federal Central Criminal Register (certificate of good conduct) for submission to an authority for each person responsible for managing the company or a branch office (for legal entities: for all persons authorized to represent the company by law, articles of association or partnership agreement)
• Extract from the central trade register for each person entrusted with the management of the business or a branch (in the case of legal entities: for the legal entity itself and for all persons authorized to represent it by law, articles of association or partnership agreement)
• Certificate in tax matters from the responsible tax office
• Extract from the debtor register of the central enforcement court
• Information from the insolvency court as to whether proceedings have been opened
• Clearance certificate from the municipal tax office
• If you live abroad: documents from your home country that prove your personal reliability
• Possibly: building documents

The competent authority may request further documents to verify your personal reliability.

In the case of legal entities (GmbH, company, AG, registered cooperative), you only need to complete the application form for the legal entity itself. You must submit all personal documents for all natural persons authorized to manage the company (e.g. identity papers). For the legal entity, you also need an excerpt from the central trade register.

Partnerships (GbR, KG, OHG, PartG, GmbH Co. KG) are not eligible for a license as such. Therefore, each managing partner requires a permit. You must submit a completed application form and all personal documents for each of these persons.

None

Note: You may only start your activity after you have received the permit.

•  § Section 33a of the Trade Regulation Act (GewO) (exhibition of persons) (opens in a new tab)
•  § Section 3a of the State Administrative Procedure Act (LVwVfG) (electronic communication) (opens in a new tab)
• § Section 6b (1) GewO (opens in a new tab) and  Section 71a et seq. LVwVfG (opens in a new tab) in conjunction with  Sections 1 et seq. of the Act on Single Points of Contact for the State of Baden-Württemberg (EAG BW) (opens in a new tab) (procedure via a single body, single points of contact)
• § Section 42a LVwVfG (opens in a new tab) in conjunction with  Section 6a (2) GewO (opens in a new tab) (decision deadline, fictitious approval)