Onalaska council overturns denial, approves beverage operator license for Carson Fankhauser

The Onalaska Common Council voted to approve an appeal from Carson Fankhauser on Tuesday, overturning a denial of his beverage operator license after he failed to disclose a prohibited alcohol content citation on his application.

Chief Ashback told the council he had recommended denial "based on an item that came up in his background check that was not disclosed on the application," explaining that a prohibited alcohol content (PAC) citation often accompanies operating-while-intoxicated (OWI) cases when blood or breath results are submitted to court. Amanda, a city staff member, clarified that the PAC citation in this case is a civil traffic forfeiture for a first offense and not a criminal conviction.

"I truthfully didn't mean to. I thought that the civil PAC violation was just... I didn't think it was really a misdemeanor or a felony," applicant Carson Fankhauser told the council, adding that he had not been jailed and that he was sober since the incident. Council members pressed on whether a ticket equates to a conviction for the purposes of the license application and whether the applicant intended to conceal the matter.

Council members concluded that the form's question about prior alcohol or drug convictions required disclosure and that, had Fankhauser checked "yes" and provided the court and date information, staff would likely have recommended approval. Alder Cathy Lowendorf moved to approve the appeal; Alder Larry Jurasic seconded the motion. The motion carried after vocal affirmations of "aye," with Steven Knott stating he would vote "present" because he missed part of the discussion. The chair announced the motion carried with one non-voting/present member and the remainder in favor.

The meeting adjourned at 6:44 p.m.