PROVIDENCE, R.I. (AP) — A Rhode Island nightclub that had its business license revoked by the Providence Board of Licenses has been allowed to reopen during its appeal process.

The state Department of Business Regulation ruled Tuesday The Penthouse can remain open until its hearing over the board's decision.

The board's newly-elected chairman Dylan Conley tells The Providence Journal the state's decision to reopen the nightclub was "inappropriate, arbitrary and capricious." Democratic Providence Mayor Jorge Elorza also criticized the state agency for allowing the "dangerous" nightclub to remain open.

Penthouse was closed for 72 hours after shots were fired in the vicinity. Its liquor license was later revoked for violations unrelated to the shooting.

An attorney for the nightclub says the agency's decision will give his clients a fair shot at an appeal Nov. 27.