When the holder of the public house or restaurant licence or the owner of the business in which one of the establishments referred to in 2° of article 225-10 of the Penal Code is not prosecuted, the additional penalties provided for by Article 225-22 of the Penal Code may only be imposed, by special reasoned decision, if it is established that this person has been summoned at the behest of the public prosecutor with an indication of the nature of the proceedings and the possibility for the court to impose these penalties.
The person referred to in the previous paragraph may present his observations at the hearing or have them presented by a lawyer. If he makes use of this option, he may appeal against the decision imposing one of the penalties provided for in Article 225-22 of the Criminal Code.