The state Department of Business Regulation heard an appeal Tuesday in the case of a Providence bar that was shut down by the city.
Gianfranco Marrocco, the owner of $3 Bar on Federal Hill, has fought for weeks to get his bar reopened.
The Board of Licenses revoked all of the $3 Bar's licenses last week. The city said the bar is a threat to public safety, pointing to last month's fatal beating in the back parking lot and a brawl that spilled out onto the street.
But on Tuesday, the owner's attorney appealed the decision to the state and also asked the state Department of Business Regulation for a stay so it can reopen as the department reviews the case.
"I wait to come up here, to put my case on because it's called the novo review. That means it starts anew," attorney Peter Petrarca said.
Ultimately, he wants the DBR to overturn the city's decision, saying they didn't get a fair chance in Providence.
"You can't throw a paper bag over somebody's eyes, punch them in the face and say, 'Uh, you're closed.' That's exactly what happened. We don't have transcripts from the emergency hearing. I wasn't called to cross-examine anyone," Petrarca said.
The decision on the $3 Bar's request to reopen during the investigation could be made Wednesday.