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 the meaning of article L. 133-11 of the Tourism Code, the procedures for determining the population taken as the basis for this estimate are determined by decree of the Conseil d’Etat.
However, this prohibition does not apply to establishments that open following a transfer carried out under the conditions set out in article L. 3332-11.