In principle, you need a restaurant permit in accordance with § 2 para. 1 of the German Restaurant Act (GastG) in order to operate a restaurant business serving alcohol.
However, the serving of self-produced wine or self-produced cider is privileged under certain conditions and only requires notification to the municipality (§§ 4 ff. Bavarian Restaurant Ordinance - BayGastV).
Only the serving of self-produced wine or self-produced cider for the duration of four consecutive months or in two consecutive periods of a total of four months per year is possible without a permit.
In particular, you must still observe the following requirements
- Only wine or cider made from fruit produced on the farm may be served.
- The serving of wine in a wine tavern is only permitted in rooms located in the municipality of the producer.
- The serving of wine in a wine tavern may not take place in rooms that have been rented specifically for this purpose.
- A wine tavern may not be combined with another tavern or restaurant.
- The number of seats in a tavern must not exceed 40.
- Only cold and simply prepared hot meals may be served in a Straußwirtschaft.
- It is not permitted to serve bottled beer, non-alcoholic beverages that the bouquet host does not serve in his establishment, and tobacco and confectionery products for sale on the street.
Only the serving of self-produced wine or self-produced cider is privileged. If you also want to serve other alcoholic beverages, you need a restaurant license. The same applies if you want to operate the business for longer than a maximum of four months a year.
You must notify the responsible municipality of the Straußwirtschaft at least two weeks prior to the start of operation, stating the following
- The period of time during which the serving is to take place,
- the place where the fruit used for the wine or cider was pressed and where the wine was vinified,
- the premises intended for the operation of the wine tavern.