In principle, you need a restaurant permit to operate a restaurant business serving alcohol in accordance with Section 2 (1) of the Bavarian Restaurant Act (GastG).
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
- You may only serve wine or cider made from fruit that you have produced yourself.
- 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.
- The sale of bottled beer, non-alcoholic beverages not served by the bouquet host in his business, and tobacco and confectionery in the street sale is prohibited.
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 at least two weeks before the beginning of the operation of the tavern, stating the following information
- the period of time during which the wine is to be served,
- 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.