The owner of the controversial downtown nightclub Last Call has followed through on his promise to appeal a decision by the state to not renew the club’s liquor license.

Now the key question becomes whether the club will be allowed to stay open during the appeal process.

The attorney for Last Call owner Dennis Steffes released the appeal to the Alcoholic Beverage Control division this morning. In the appeal, attorney Dan Owen contends the director did not take into account the number of times Last Call staff members have reported drug activity to the police.

One of the reasons ABC director Tom Groneman cited for not renewing the license is that there is evidence of frequent drug use at the club, and that the club’s management hadn’t done enough to prevent the illegal drug use.

The filing of an appeal now forces state regulators to decide whether Last Call, 729 N.H., can stay open during the appeal process. Freda Warfield – a spokeswoman for the Kansas Secretary of Revenue, who will hear the appeal – said a decision hasn’t yet been made on whether to allow the business to remain open. She said staff members were studying statutes and evidence related to the case.

Owen wrote in the appeal that the business would be “destroyed as a going concern” if it is forced to close while appealing the ABC’s decision. Owen previously has said the appeal process could take more than a year because Last Call ultimately can take its appeal to the court system.

Owen also contends in the appeal that the ABC director incorrectly interpreted the law that allows him to deny renewal of the license. Owen argues the qualifications to receive a liquor license are rigid, and that Last Call meets them all.

The ABC director refused to renew the license after City Hall leaders presented testimony that the club had become a threat to public safety.