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) has not been made by the department; or
(2) has been made by the department but:
(a) a petition for judicial review can still be filed or has been filed; or
(b) an appeal to the Montana supreme court can still be filed or has been filed.