1. (1) An application for the issuance of a new license or for the transfer of an existing license may not be considered by the department if a previous application for the same premises is pending. An application is considered pending if a final decision:

   1. (a) has not been made by the department; or

   2. (b) has been made by the department but:

      1. (i) a petition for judicial review can still be filed or has been filed; or
      2. (ii) an appeal to the Montana supreme court can still be filed or has been filed.
2. (2) This section does not prevent the department from considering more than one application for the same location pursuant to competition for a last available license.

History: En. Sec. 1, Ch. 156, L. 1991.