Part Three: Combating disease and addiction

Articles L. 3332-3 to L. 3332-4-1 are not applicable in the départements of Haut-Rhin, Bas-Rhin and Moselle. In these departments, article 33 of the local professional code of 26 July 1900 remains in force: a) For pubs the opening of which is not prohibited by articles L. 3332-1 and L. 3332-2, for hotels and for the retail sale of brandies and spirits; b) For the transfer or withdrawal of authorisations…

The sale of alcoholic beverages without having made the declaration required by articles L. 3332-3 or L. 3332-4-1, or the possession or sale of beverages from a group that does not correspond to the category of premises for which the declaration was made, is considered to be the opening of a new public house.

The relocation of an existing outlet to the territory of a municipality is not considered to be the opening of a new outlet: 1° If it is carried out by the owner of the business or his successors in title and if it does not increase the number of existing outlets in the said municipality; 2° If it is not carried out in a zone established by application of articles…

When a building in which a public house is located has been demolished or converted to a new use as a result of expropriation in the public interest, or when the building has been demolished by the owner, the public house may be relocated to any point within the same municipality, subject to protected areas, i.e. : 1° In an existing building, at the latest within twelve months of the…

An existing on-trade public house may be transferred to the department in which it is located. Applications for authorisation to transfer are submitted to the State representative in the département. The mayor of the municipality where the premises are located and the mayor of the municipality to which the premises are being transferred must be consulted. Where a municipality has only one 4th category public house, this public house may…

Notwithstanding the provisions of article L. 3332-1 and subject to protected areas, the representative of the State in the département where the aerodrome is located may authorise the transfer, to civil aerodromes where there is no on-premises public house, of an existing public house within a radius of 100 kilometres, regardless of its category. It may, under the same conditions, authorise a transfer for the purpose of operating a higher-category…

Without prejudice to his general police powers, the mayor may by decree set a time period, which may not begin before 8 p.m. and may not end after 8 a.m., during which the takeaway sale of alcoholic beverages within the municipality is prohibited.

1. The representative of the State in the département may order the closure of pubs and restaurants for a period not exceeding six months, following breaches of the laws and regulations relating to these establishments. This closure must be preceded by a warning, which may, if necessary, replace it, when the facts likely to justify the closure result from an exceptional failure on the part of the operator or one…

The Minister of the Interior may, in the cases provided for in 1 and 3 of article L. 3332-15, close these establishments for a period of between three months and one year. Where applicable, the period of closure ordered by the representative of the State in the département is deducted from the period of closure ordered by the Minister.

The powers vested in the Minister of the Interior by article L. 3332-16 are exercised by the Minister for Overseas Territories in the territorial collectivity of Saint-Pierre-et-Miquelon.