1 STATE OF ILLINOIS ) ) SS: 2 COUNTY OF L A K E ) 3 4 5 LAKE COUNTY LIQUOR CONTROL COMISSION 6 RE: SHAMROCK AMUSEMENT COMPANY 7 19015 Jodi Road, Unit H 8 Mokena, IL 9 10 The above hearing held before Deborah L. 11 Severson, C.S.R., a notary public in and for the 12 County of Lake and State of Illinois; at the lake 13 County Building, 18 North County Street, Conference 14 Room C, 10th Floor, Waukegan, Illinois, on Monday, 15 September 13, 2010, at the hour of 10:40 a.m. 16 17 18 19 20 21 22 Reported for DEPOSITION REPORTERS, by 23 Deborah L. Severson, C.S.R. 24 DEPOSITION REPORTERS 1 (847) 356-6834 1 A P P E A R A N C E S: 2 3 PRESENT: MS. SUZI SCHMIDT, LIQUOR COMMISSIONER MR. BERNARD WYSOCKI, BOARD ATTORNEY 4 MR. KEITH KAISER, LIQUOR INVESTIGATOR MS. LINDA WISCH, BOARD SECRETARY 5 6 ALSO PRESENT: MR. DAVID BANDYK, OWNER 7 MR. JAMES BANDYK, OWNER MR. BRIAN BANDYK, OWNER 8 9 10 - - - - - - - - - - - - - - - - - - - - - 11 12 13 14 15 16 17 18 19 20 21 22 23 24 DEPOSITION REPORTERS 2 (847) 356-6834 1 MR. WYSOCKI: This is in the matter of 2 Shamrock Amusement Company at 19015 Jodi Road, Unit H 3 in Mokena, Illinois. Who is David Bandyk? 4 MR. BANDYK: Right here. 5 MR. WYSOCKI: Brian? 6 MR. BANDYK: Here. 7 MR. WYSOCKI: And what is your name? 8 MR. BANDYK: James. 9 MR. WYSOCKI: Bandyk? 10 MR. JAMES BANDYK: Yes. 11 MR. WYSOCKI: Gentlemen, what we've got is 12 that you have been late with your amusement device 13 license application. The license was due on July 1st 14 of $200 and you sent a check of $200 but we did not 15 receive it until September 3rd of 2010 and the check 16 was dated August 18th of 2010. 17 And you received a letter indicating 18 that it's a $10 per day penalty. Do you have any 19 explanation or why you were late as far as the 20 license application is concerned? 21 MR. BRIAN BANDYK: I'm the accounts payable 22 and it was completely my mistake with getting the 23 check out on time. It sat on my desk and got 24 shuffled over and when the additional letter came in, DEPOSITION REPORTERS 3 (847) 356-6834 1 it was brought to my attention and I believe, like 2 you said, it was August, was it 18th that the check 3 was cut and I sent it out. 4 MR. WYSOCKI: The same thing happened in '08 5 and '09. Is there a reason why you're unable to make 6 the date? 7 MR. BRIAN BANDYK: No, just an error on my 8 part. 9 MR. WYSOCKI: Other than the Fourth Lake 10 Resort do you have any other places that you service 11 in Lake County? 12 MR. JAMES BANDYK: No, we lost the Hilltops. 13 We used to service Hilltops but that changed hands 14 and the guy has his own machines and he has another 15 bar in Gages Lake so he took his machines -- some of 16 his machines from Gages Lake and put them into 17 Hilltops. I don't know if it's still called 18 Hilltops. But, yeah, we kind of lost -- 19 COMMISSIONER SCHMIDT: I think so. 20 MR. JAMES BANDYK: Yeah, yeah, I did my best 21 to try and keep that account but when the guy owns 22 his own machines it's hard to really negotiate, you 23 know. He wants 100 percent profit and, you know, all 24 we ask is 50 percent when we have our machines in DEPOSITION REPORTERS 4 (847) 356-6834 1 accounts. 2 COMMISSIONER SCHMIDT: Have you been getting 3 paid from Fourth Lake Resort on your machines? 4 MR. JAMES BANDYK: Oh, yeah, yeah, it's -- 5 Mary's a wonderful woman. She's very loyal. 6 COMMISSIONER SCHMIDT: Right, right. 7 MR. JAMES BANDYK: We're from the City. 8 COMMISSIONER SCHMIDT: Well, it's kind of 9 disheartening to us because we hate to have to bring 10 people in and three years in a row; it's $200. I 11 don't get it, you guys. 12 MR. JAMES BANDYK: I know. I know. 13 COMMISSIONER SCHMIDT: You got to make more 14 of an effort. 15 MS. WISCH: And we call, we call you and 16 call you. 17 COMMISSIONER SCHMIDT: We waste tax dollars 18 on this stuff. 19 MS. WISCH: Certified mail. 20 COMMISSIONER SCHMIDT: And I don't 21 understand why you don't pay your bill. If I don't 22 pay my bills, guess what, I'm cut off. 23 MR. JAMES BANDYK: Right, right. I know for 24 the State of Illinois, July 31st is their date for DEPOSITION REPORTERS 5 (847) 356-6834 1 their licenses and we go right down to the State of 2 Illinois Building with it. 3 COMMISSIONER SCHMIDT: You better because 4 they'll arrest you because they need the money. 5 MR. JAMES BANDYK: We go down there 6 literally with an envelope full of money and say this 7 is how many licenses we need and -- 8 COMMISSIONER SCHMIDT: Now, why do you do 9 that? 10 MR. JAMES BANDYK: Why? 11 MR. DAVID BANDYK: They expire the 31st of 12 July. 13 MR. JAMES BANDYK: Right. 14 COMMISSIONER SCHMIDT: We're not aggressive 15 enough to pay your bills here in Lake County? 16 MR. JAMES BANDYK: No, no. No, I don't 17 think that was the case. It was, as Brian said, it 18 was just a -- 19 COMMISSIONER SCHMIDT: Three years in a row. 20 MS. WISCH: It's more than three. If you 21 look back, they paid a late fee almost every year. 22 MR. DAVID BANDYK: Is there a way we could 23 pay in advance, years in advance, you know, like pay 24 up -- DEPOSITION REPORTERS 6 (847) 356-6834 1 COMMISSIONER SCHMIDT: You might not even 2 know if you're going to have a license. Why would 3 you do that? Why would you pay years in advance? I 4 guess I don't understand why you don't pay your bills 5 on time. I'm sorry. I pay my bills on time. 6 MR. JAMES BANDYK: I know. And then it's 7 the same for the City of Chicago because we go down 8 to the City Hall in February, February 15th again 9 with a ton of money and say, here, and in return they 10 give us our stickers. 11 COMMISSIONER SCHMIDT: You just have to mail 12 a check to us. You don't even have to bring -- Why 13 would you bring cash to City Hall anyway? You never 14 know where it's going. Okay. 15 MR. JAMES BANDYK: But we get what we want 16 and whatever happens. 17 COMMISSIONER SCHMIDT: Well, in Lake County 18 we expect people to pay their bills also. And I 19 think we've been pretty lenient. I mean do you 20 realize you owe us $600 for $10 a day. 21 MR. DAVID BANDYK: That's quite a bit of 22 money. 23 MR. JAMES BANDYK: Plus the 200? 24 COMMISSIONER SCHMIDT: Yeah. DEPOSITION REPORTERS 7 (847) 356-6834 1 MR. DAVID BANDYK: So $600 in late fees and 2 $200 for the -- That's -- Yeah, that's bad 3 business. 4 COMMISSIONER SCHMIDT: Yeah. And guess 5 what, I'm not a meanie, okay. 6 MR. DAVID BANDYK: I know. 7 COMMISSIONER SCHMIDT: I want people in 8 business but I also don't expect the County to have 9 to be sending out -- 10 MR. DAVID BANDYK: Certified letters. 11 COMMISSIONER SCHMIDT: -- certified letters 12 to people. I mean we would have every right to go in 13 there and pull all that stuff out of Fourth Lake 14 Resort. We like them, too. Okay. But it gets to 15 the point where you can be nice and like people but 16 there's rules that we all have to live by. 17 MR. DAVID BANDYK: Okay. 18 MR. JAMES BANDYK: We share a mutual mailbox 19 and I suspect that's why we never got the -- 20 MS. WISCH: But you get State of Illinois 21 and you get Chicago's and you go and pay those. 22 MR. JAMES BANDYK: We just know that date. 23 That date is etched in our heads. 24 MS. WISCH: You should know ours. It's DEPOSITION REPORTERS 8 (847) 356-6834 1 July 1st. 2 MR. JAMES BANDYK: All right. It's June 3 1st? 4 MS. WISCH: July 1st. 5 COMMISSIONER SCHMIDT: June 1st would be 6 okay. 7 MR. JAMES BANDYK: All right. 8 COMMISSIONER SCHMIDT: I mean I am going to 9 impose a fine. I don't know what yet. I'm not going 10 to do $600 on you. Although I could. But it just 11 doesn't seem like -- It's pretty disrespectful to a 12 body of government, especially when you're taking 13 cash to Cook. I'd be careful if I were you. 14 MR. JAMES BANDYK: Right. 15 MR. DAVID BANDYK: Whatever you impose on us 16 it's going to be a lesson learned and I'll just get 17 the check in on time. 18 COMMISSIONER SCHMIDT: Yeah, it's $200. 19 It's not like $2,000 even. All right. We'll get 20 back to you on it. 21 MR. WYSOCKI: Thanks for coming in. 22 COMMISSIONER SCHMIDT: Thanks, Guys. 23 (DELIBERATIONS HELD) 24 COMMISSIONER SCHMIDT: Fine of $300. DEPOSITION REPORTERS 9 (847) 356-6834 1 STATE OF ILLINOIS ) 2 ) SS. 3 COUNTY OF LAKE ) 4 5 6 I HEREBY CERTIFY that I reported in 7 shorthand the proceedings had in the above-entitled 8 cause, and that the foregoing Report of Proceedings 9 is a true, correct, and complete transcript of my 10 shorthand notes so taken at the time and place set 11 forth. 12 13 14 15 16 17 18 Deborah L. Severson, CSR 084-001777 19 20 21 22 23 24 DEPOSITION REPORTERS 10 (847) 356-6834