Chapter II: Openings, mutations and transfers.

A 3rd category on-trade public house may not be opened in municipalities where the total number of establishments of this type and 4th category establishments reaches or exceeds the proportion of one public house per 450 inhabitants, or fraction thereof. The population taken as the basis for this estimate is the total municipal population, excluding the population counted separately, as obtained from the most recent census. For tourist municipalities within…

Any person declaring the opening, transfer or relocation of a third or fourth category on-trade drinks outlet or any person declaring an establishment with a “petite licence restaurant” or “licence restaurant” must undergo specific training on the rights and obligations associated with operating a drinks outlet or an establishment with a “petite licence restaurant” or “licence restaurant”. All persons referred to in article L. 3331-4 must undergo specific training on…

The opening of a new 4th category establishment is prohibited except in cases covered by article L. 3334-1.

Any person wishing to open a café, cabaret or on-trade public house and sell alcohol there must make a written declaration at least fifteen days in advance, stating : 1° Surname, first names, place of birth, occupation and place of residence; 2° The location of the outlet; 3° the capacity in which the premises are to be managed and the surname, forenames, profession and address of the owner, if any;…

A change in the person of the owner or manager of a café or public house selling alcohol for consumption on the premises must be declared in writing at least fifteen days in advance, in the same way as for the opening of a new public house. However, in the case of a transfer by death, the declaration is validly made within one month of the death. This declaration is…

Any person wishing to open a public house mentioned in articles L. 3331-2 or L. 3331-3 must make a declaration under the conditions set out in the first to seventh paragraphs of article L. 3332-3, which is sent to the State representative in the department in accordance with the last paragraph of the same article. The services of the Préfecture de Police or the Town Hall will immediately issue a…

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…