Opening a Straußwirtschaft or Besenwirtschaft: notification, 40 seats, 4 months

Straußwirtschaft, Besen, Hecke: what is behind it?

The Straußwirtschaft is the German sister of the Austrian Heuriger. Winegrowers and cider makers may serve their own wine for a few months a year directly in the farmyard, the barn or the living room, without registering a restaurant business. The Baden-Württemberg Ministry of Economic Affairs classifies this serving as part of primary production, i.e. a non-commercial activity. That is why it is privileged compared with commercial serving: in Baden-Württemberg, for example, you do not need the IHK (chamber of commerce) certificate of instruction.

The sign for guests differs by region: a brushwood broom in Württemberg, a bunch or wreath of twigs in Baden, the Palatinate and Rheinhessen, a hedge branch in Franconia. Legally the name does not matter; what counts is whether you stay within the limits of your federal state. If you exceed them, you are running a normal restaurant and, depending on the state, need a restaurant licence or a commercial notification, see Restaurant licence in Germany.

Legal basis: § 14 GastG and state law

The framework is set by § 14 of the federal Gaststättengesetz (Restaurant Act). It allows state governments to determine by ordinance that serving self-produced wine or cider, together with prepared food, needs no licence. The limit is four months a year, in one block or in two periods. Where state law already allowed a longer period before, up to six months are possible. The states may also set rules on the person, the premises, the quantity and vintage of the wine, the food and how the business is run.

Since the federalism reform, several states have their own restaurant acts that regulate the Straußwirtschaft themselves. So it pays to look at your own state's law. The overview below shows the states whose rules we have checked in the legal text or in official documents:

Rhineland-Palatinate, the largest wine-growing state, still applies the federal Restaurant Act together with the state Restaurant Ordinance (§§ 10–15 GastVO). No permit is needed for four consecutive months or two periods totalling four months a year. Only natural persons whose main occupation is their own winegrowing may run a Straußwirtschaft, and a family or community of heirs only one. Wine is served in rooms at the location of the winery that are not rented specially for this purpose and not combined with a restaurant or accommodation business. Only simply prepared dishes are allowed; the ordinance sets no seat limit. The notification goes to the Verbandsgemeinde (association of municipalities), municipal or city administration at least two weeks before opening, together with a list of the wines by quantity and name (§ 13 GastVO).

The limits in detail: wine, premises, seats, months

Baden-Württemberg (§ 5 LGastG) and Bavaria (§ 4 BayGastV) show which conditions typically apply. If you fail to meet one of them, the privilege no longer applies and you are running a restaurant without the required licence or notification.

• Own wine: only wine or cider from grapes or fruit you have grown yourself is served. In Bavaria, § 4 BayGastV expressly requires the fruit to come from your own cultivation. In BW, anyone who sells wine or cider commercially may not run a Straußwirtschaft.
• Place: where the producing farm is or where the owners live (BW, Hesse), in Bavaria in the municipality of the producing farm.
• Premises: not in rooms rented specifically for serving. Exceptions are possible in special cases of hardship.
• No combination: the Straußwirtschaft may not be combined with another bar or restaurant, and in BW not with accommodation either.
• Max. 40 seats in BW and Bavaria. The law speaks of “rooms” and does not expressly cover seats in the courtyard or garden, but some authorities in Franconia count them. So plan for no more than 40 seats indoors and outdoors combined, or get a different answer from the authority in writing.
• Four months a year, in BW spread over max. two periods. In BW, people living in the same household may together run a Straußwirtschaft for only four months a year, so two Besen in one household do not double the time.

Food and drinks: what may go on the menu

Baden-Württemberg, Bavaria and Saxony allow cold and simply prepared hot dishes, Rhineland-Palatinate simply prepared dishes. The law does not define exhaustively what “simple” means. Typical and accepted in practice are Vesper platters, bread with dripping, cheese, homemade sausage, onion tart, Flammkuchen (tarte flambée), Saitenwürste (Swabian sausages), a Schlachtplatte (butcher's platter) or Maultaschen (Swabian ravioli). A multi-course menu, steaks cooked to order or an extensive menu with a choice of sides go beyond a Straußwirtschaft. If you are unsure, show the authority your planned menu.

For wine the rule is: only what you produce yourself. Grape juice or apple juice of your own making are common in practice; ask the authority how your state treats beer, spirits or bought-in soft drinks. In any case, offer non-alcoholic drinks and keep at least one of them no more expensive than the cheapest alcoholic drink. This rule is in § 6 GastG and in several state acts, for example § 11 (4) HGastG for restaurants in Hesse. How to present wines and glass prices on the menu is shown in the guide Creating a wine list.

The notification step by step

The notification is not an application: you do not wait for approval, but you must submit it on time and in full. A missing, late or incomplete notification is an administrative offence in BW, Bavaria and Hesse, in Hesse with a fine of up to 10,000 euros, and the authority can prohibit the business. In Bavaria, § 5 BayGastV requires the period, the place where the wine was pressed and matured, and the premises; in BW and Hesse, name, address and the origin of the grapes or apples by place and vineyard site are added.

What still applies: hygiene, allergens, prices, till

The notification only replaces the restaurant licence, not the rest of the law. As a food business operator, the EU hygiene regulation and the duty to provide allergen information for non-prepacked food apply to you: guests must be able to find out which of the 14 major allergens are in the Vesper, cakes and hot dishes, and for wine this includes sulphites. The post Allergen labelling in Germany explains how; you can create a matching legend for menu and board with the Allergen legend.

• Prices: food and drinks must show final prices, drinks with the quantity. Details in the guide Price display in hospitality.
• Till: there is no general obligation to use a till in Germany; an open cash box with a daily cash report is allowed. If you use an electronic till, it needs a TSE (technical security device), must issue receipts and be reported to the tax office, see Till system with TSE.
• Tax: whether your serving income counts as agriculture and how it is treated for VAT is something to clarify with a tax adviser or the tax office before you set your prices.
• Staff and music: temporary staff for the Besen weeks must be registered with the Minijob-Zentrale or the health insurer. Background music needs a GEMA licence.
• Youth protection and smoking: display the Youth Protection Act; your state's non-smoker protection act applies in the Besen room too.

If you plan more than a Straußwirtschaft, for example a year-round wine tavern, guest rooms or festivals with bought-in drinks, the normal rules for restaurants apply. The roadmap for starting a restaurant in Germany gives an overview of trade registration, restaurant law, hygiene and funding.

Pricing: Viertele, Vesper and season

A Straußwirtschaft has only a few weeks to recover the year's costs for equipment, temporary staff, energy and advertising. So do not price by gut feeling or by what the neighbour charges. Work out the cost of goods for each dish and spread your fixed costs over the expected visits. An example with assumed figures: a Vesper platter with 3.50 euros cost of goods and a target food cost of 30 percent gives about 11.70 euros net, plus VAT, which you clarify with your tax adviser. For wine, use the bottle value you would get from selling it directly at the farm as the cost, so that serving pays off by comparison.

Open? How guests find your Besen dates

Because a Straußwirtschaft is only open for a few months, the guests' most important question is: Is the Besen open right now? Anyone who stands in front of a locked door on a Sunday after a vineyard walk will not come back quickly. So publish your periods consistently everywhere as soon as the notification is out: on your own website with a Besen calendar, menu and directions, in your Google Business Profile with opening hours for the Besen weeks and a note on closed periods, and in the Besen and Straußwirtschaft calendars of the municipality, winegrowers' association and tourist office.

How to spread serving dates across sign, calendar, Google and WhatsApp so that all channels say the same thing is shown in the post Communicating your opening dates, using Austrian Heurige as the example. The method fits Besen and Hecke one to one. For groups and clubs, a simple online reservation is worthwhile, so requests do not come in by phone at night.