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Batavia considering liquor licenses for felons

Should a person who has been convicted of a felony be allowed to have a license to sell liquor?

Batavia is considering changing its liquor laws to mirror that of the state and nearby towns, which allow felons to get licenses if they can prove they have reformed their ways.

The city has received requests recently from three people, said Mayor Jeff Schielke, who is the city's liquor commissioner. As such, he recommends who can get a license, but it is up to the city council to approve it.

"In every instance every one of them has kind of amended their ways and paid their debt to society," he told the government services committee last week, describing one couple seeking a license as having become, "God-fearing, churchgoing people." In at least one case, the applicant was convicted in their 20s, and is now 35 and successfully running a business.

City administrator Bill McGrath said getting a license would depend, in part, on the type of crime for which the applicant was convicted. "I think it would be really important to know if the felony had any relationship to alcohol," such as driving under the influence, or illegal drugs, he said.

Government Services Committee members discussed how the city could make sure the issues leading up to the commission of a felony are resolved. The police department does criminal background checks, and Schielke interviews applicants in person. If they have licenses in other towns, he talks to the mayors of those towns.

"If we are going to amend the code to include this, we have to be very careful to do our due diligence," Alderman Forrest Nelson said.

Geneva, North Aurora and St. Charles allow felons to have licenses. Kane County prohibits it, and also prohibits it if you have been convicted of two or more criminal, non-traffic misdemeanors within the last year.

Resident Robert Dahlstrom said youth is no excuse for criminal behavior. "Yes, people make mistakes when they are young. People make mistakes when they are old. I just think it is wrong."

The committee decided to find out what criteria the state liquor board uses to determine if someone is "rehabilitated." The matter will be addressed again in October.