Strausswirtschaft – Legal Definition, Requirements, and Regulations
Die Strausswirtschaft (also known as Besenwirtschaft, Heckenwirtschaft, Kranzwirtschaft or Rädlewirtschaft) refers to a temporary and seasonal establishment for serving self-produced wine, grape must, or other beverages produced from viticulture, as well as simple food, operated by winegrowers or agricultural businesses. The legal special status of the Strausswirtschaft is characteristic, stemming in particular from historical customary rights and being comprehensively regulated in German hospitality law and other areas of law.
Historical Background and Explanation of the Term
The term Strausswirtschaft is derived from the old custom of hanging a bouquet (broom, wreath) at the winegrower’s house as a sign for the opening and operation of the establishment. This symbol announced that guests could consume self-produced wine in the establishment during this period, without the operation requiring a classic restaurant license.
Legal Foundations in Hospitality Law
Legal Special Status (§ 2 Gaststättengesetz)
Under German law, Strausswirtschaften are primarily governed by the Gaststättengesetz (GastG):
- § 2 GastG (Exceptions for Strausswirtschaften/Besenwirtschaften): Strausswirtschaften are exempt from the licensing requirement under § 2 (1) GastG if certain conditions are met. However, this exemption applies exclusively to winegrowers or agricultural entrepreneurs who serve their own products.
- Temporary Operation: Operation is limited to a total duration of up to four months per year (specifically regulated by each federal state, see § 2 (2) GastG in conjunction with state implementing laws).
Requirement: Own Production and Serving
Only the serving of self-produced wine, grape must, apple wine, or other agricultural products of one’s own making (no purchased beverages or commercial products) is permitted. The food offered must also be limited to a simple, self-prepared cuisine (for example, homemade bread, cold platters).
Provisions and Variations in State Laws
The specific design and further details for Strausswirtschaften are often governed by the federal states. Both operators and their guests are always advised to review the relevant state laws (e.g., wine laws of the individual federal states, hygiene regulations, state building codes).
Differences between Federal States
- Baden-Württemberg (§ 14 GastG BW, State Wine Act BW): Up to four months of operation within a calendar year, where this period may be split into a maximum of two intervals.
- Rhineland-Palatinate (§ 3 GastG RP): Here too, a seasonal operation is provided for, in total no longer than four months annually. Only serving of own products and simple food is permitted.
- Hesse and other states: Uniform period of four months, in some cases with a requirement to notify the municipality.
Tax Law Aspects
Strausswirtschaften enjoy tax advantages under income tax law (§ 13 EStG – agriculture and forestry), as well as under VAT law. Nevertheless, profits are generally subject to income and value added tax, if the legally defined thresholds for flat-rate taxation are exceeded.
- Operating Assets: Profits from the Strausswirtschaft are part of the agricultural operating assets.
- Flat-rate VAT: Special flat-rate taxation options apply to agricultural and forestry businesses (§ 24 UStG).
Trade Law and Building Law Aspects
No Business Registration Required
The activities within a Strausswirtschaft do not constitute trade operations within the meaning of the Trade Regulation Act (GewO) as long as the hospitality activities remain ancillary to the main agricultural business.
Building Permit and Usage
For structural changes exceeding occasional use (conversion or new construction of serving rooms), building permits are required under the state building code. There is often an obligation to comply with specific sanitary and safety requirements.
Food and Hygiene Law Requirements
Although Strausswirtschaften have privileged status, they must comply with all relevant hygiene regulations under the food law (including Food Hygiene Regulation, Infection Protection Act). These include:
- Requirements for refrigeration facilities
- Cleaning and condition of business premises
- Reporting obligations to the competent health authority
Legal Framework for Employment
Operators may also employ family members as well as marginally employed staff within the framework of the Strausswirtschaft. The regular employment protection regulations apply, in particular the Working Hours Act and the Minimum Wage Act.
Consequences of Violations and Abuse
Operating outside the legal provisions—for example, exceeding the permitted period, selling purchased products, or failing to meet minimum hygiene standards—can result in significant fines as well as an obligation to obtain a restaurant license retroactively. In serious cases, the privilege to operate a Strausswirtschaft may also be revoked.
Distinction from Other Types of Catering
Strausswirtschaften should not be confused with guesthouses, taverns, or on-farm shops. Only Strausswirtschaften are subject to the special exemption in hospitality law concerning licensing requirements and tax advantages. A regular or year-round catering operation is not permitted.
Summary
The Strausswirtschaft is a traditional and legally privileged form of seasonal wine and food service operated by winegrowers and agricultural businesses. It is comprehensively regulated in hospitality law and enjoys exemptions regarding licensing, trade law, and tax law. At the same time, numerous legal requirements exist, particularly for product origin, range of offerings, and compliance with hygiene regulations. Non-compliance may result in significant legal consequences up to the loss of the special permit.
See also:
- [Gaststättengesetz]
- [Weinrecht in Deutschland]
- [Landwirtschaftsrecht]
- [Lebensmittelhygiene-Verordnung]
- [Umsatzsteuer für Landwirte]
Frequently Asked Questions
What legal requirements must be met to operate a Strausswirtschaft?
The operation of a Strausswirtschaft in Germany is governed by the Gaststättengesetz (GastG) and specific state regulations. The requirement is that an agricultural or winegrowing business offers seasonally self-produced beverages such as wine, must, or Federweißer and suitably simple, freshly prepared food. A key legal condition is that only products from own production may be served; purchasing alcoholic beverages is prohibited. Service may only take place in the immediate vicinity of the place of production. A special restaurant license under § 2 (4) GastG is not required; however, the operation must be notified to the competent authority, and all hygiene regulations under food law must be complied with. In addition, the maximum number of operating days per year is legally limited (usually to four months, but regulated differently by each federal state).
Are there specific rules for identification and operation of a Strausswirtschaft?
Yes, there are specific identification requirements so guests can recognize that it is a Strausswirtschaft and not a regular restaurant. According to GastG, the Strausswirtschaft must traditionally be marked by a bouquet, wreath, broom, or similar at the entrance. These external features are legally required to ensure transparency and indicate to guests that no comprehensive restaurant services are offered, but only limited food and beverages from own production. In addition, strict rules for opening times, maximum number of seats, and scope of offerings must be observed. No third-party or branded products may be served, nor may rooms rented to third parties be used for serving.
Which tax aspects must be considered when operating a Strausswirtschaft?
Strausswirtschaften are subject to special tax provisions. As they are regularly run as agricultural side businesses, they frequently enjoy tax simplifications (the small business regulation under § 19 UStG can be applied if the turnover limits are observed). Sales from the sale of wine and other self-produced goods are generally deemed as income from agriculture and forestry. However, sales from the serving of food are to be classified as income from commercial business if they reach a significant scale. Separate documentation and proper accounting are mandatory. In addition, above a certain turnover threshold, VAT reporting requirements may arise, and referring to the VAT flat-rate regulations may become mandatory.
What are the requirements regarding the maximum number of public seats and the period of operation?
By law, both the number of seats and the period during which a Strausswirtschaft may be operated are strictly limited. Generally: A maximum of 40 seats may be offered, with the exact number depending on the respective state regulation. The period of opening is also legally limited: Strausswirtschaften may usually not be open for more than four consecutive months (90 to 120 days per calendar year), and they may often only be operated twice per year. Violations of these rules may be considered regulatory offenses and punished with fines.
Do Strausswirtschaften have to comply with any special food or hygiene regulations?
Operators of a Strausswirtschaft are subject to all relevant food law regulations, especially the Food Hygiene Regulation (LMHV) and the HACCP concept. The same care obligations for cleaning, storage, and preparation are required as for commercial restaurants. A verifiable hygiene plan must also be provided; staff must receive training in food hygiene (instruction under § 43 Infection Protection Act). There are also mandatory labeling requirements for allergens and additives in accordance with the Food Information Regulation (LMIV). Regular inspections by the local health authority are possible.
Are there closing hours or other restrictions on opening times for Strausswirtschaften?
The opening hours of Strausswirtschaften are usually additionally regulated by municipal night and noise protection ordinances, in addition to general statutory provisions. A legally mandated closing hour may vary from state to state and municipality to municipality and must be observed. Rest periods (for example, on Sundays and public holidays) must also be adhered to. Neighboring rights must always be respected; in particular, noise nuisance can result in regulatory consequences. Repeated violations may result in conditions, fines, or even revocation of the operating license.
What liability risks exist for operators of a Strausswirtschaft?
Operators are liable for all damages resulting from their business operations. This includes liability within the scope of the so-called traffic safety obligation—for accidents on the premises or in the rooms—as well as product liability for the served beverages and offered food. It is advisable to take out appropriate business liability insurance. In addition, operators are liable for serving alcohol to minors (Youth Protection Act – JuSchG) and are obliged to perform ID checks and comply with serving prohibitions. Violations of statutory provisions, particularly in tax, hygiene, or trade law, may have civil and criminal legal consequences.
