Within the two-month period referred to in articles R. 752-44-15 and R. 752-44-16, the prefect:
1° May ask the project developer for any explanations relating to the conformity of the commercial development with the commercial development permit issued or to the application, to the commercial development being developed, of the provisions of article L. 752-1-1.
This request does not affect the running of the period mentioned in the first paragraph;
2° If it considers, where applicable in the absence of a satisfactory response to the request provided for in 1°, that the compliance requirement provided for in the first paragraph of Article L. 752-23 is not complied with, gives formal notice to the project developer to bring the retail facility into compliance with the retail development permit issued or with the provisions of article L. 752-1-1.
This formal notice interrupts the period referred to in the first paragraph and constitutes a prohibition on opening the retail facility to the public, unless the Prefect expressly states otherwise.
Opening to the public despite this prohibition constitutes unlawful operation within the meaning of II of article L. 752-23, subject to the measures and penalties provided for under this heading.
In the event of unlawful exploitation revealed after the two-month period provided for by this article or where this period has not elapsed, the provisions of this article shall not prevent the implementation of the applicable measures and penalties.