A night out on the town for four Tufts freshmen in April ended with one dead on the ground next to a Theater District garage. Now the club that let them reserve a table and share bottles of champagne and vodka has been hit with suspensions lasting more than a year for that and two other incidents involving underage drinkers.
Icon, 100B Warrenton St., can appeal the Boston Licensing Board's license suspension to the state Alcoholic Beverages Control Commission.
The board levied a five-day punishment for the underage serving that was followed by the student's death the same day it also hit the club with a total of a year and ten days suspension for serving other underage drinkers on two occasions in the month after the teen's death.
Under the board's rules, punishments build on each other - the five-day suspension for the incident involving the death led to a ten-day suspension for an incident on April 8 and then a year-long suspension for yet another incident on May 1.
At a hearing last week, a Boston Police detective testified Alex Bhak, 18, of New York City, had a fake Connecticut license when he and three freshman friends - also armed with fake out-of-state IDs - arrived at Icon around 11 p.m. on April 1 to claim the table they had reserved through Icon's Web site. The four used a credit card to pay $1,006.20 for the table, their own server and a bottle of champagne and a bottle of vodka, the detective said.
When Icon closed at 2 a.m., now on April 2, the four made their way to the Tufts Medical Center parking garage at 274 Tremont St. Around 2:15 a.m. Bhak toppled over a barrier on the sixth or seventh level and fell to the ground, dying on contact, police say.
In a letter to the board, Bhak's mother, Karyn, pleaded for Boston to do something to keep any other kids from dying like her son did - on his first trip ever to a club, using a fake license he bought online:
Within a few hours at Icon, our child had a blood-alcohol level that was far in excess of the legal limit, based on analysis directed by the Medical Examiner's office. Video footage of Alex in the nearby parking garage shows him to be disoriented, unsteady on his feet and vomiting. At approximately 2:15 a.m., Alex fell to his death onto the street below from the 6th or 7th floor of that parking garage. ....
Boston is home to many colleges and universities where thousands of students are under the legal drinking age. These kids, who are often living away from home for the first time, are young and naive - and therefore vulnerable to the lure of easy access to bars and to drinking in the City. Establishments such as Icon exploit this for commercial gain and it must be stopped. We urge the Board to consider stricter requirements and more rigorous procedures for entry into the City's bars and clubs. The reality is that fake IDs are easily attainable via the internet and most college students have them. In this case, Icon employees could have simply asked for a second form of ID, which would have shown that these kids were not of legal drinking age. Icon employees could have simply asked them their address or zip code on the fake IDs, and their inability to answer would have demonstrated that these were not their real identities. These are simple and easily undertaken requirements that could save lives in this City with thousands of underage students. At minimum, we implore the Board to hold Icon Bar accountable, to the fullest extent, in violation of their license for failure to thoroughy inspect an ID and having served and over-served a minor, namely our wonderful and dearly missed son Alex.
BPD licensing detectives routinely advise clubs to take such steps with young looking patrons. However, a BPD detective testified that just five days after Bhak died, an unscheduled inspection showed three more underage drinkers, this time from Emerson, Emmanuel and Northeastern, in the bar. Two of the three said they just walked in - they were never asked for ID.
And in another incident, on May 1, police said, two underage college students from Florida said they waited for a large group to enter the club and then just shuffled in as if they were part of the group. Police found them with vodka drinks.
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Comments
Comments from a 20 year old and 18 year old
By SwirlyGrrl
Wed, 06/29/2016 - 7:05pm
These guys are planning a long weekend trip up there by bus - with GFs - and looking at apartment rentals for $45 US per night. The exchange is currently $0.75 Canadian to 1 US. I'm assuming that beer and wine drinking are on the itinerary (they abhor cocktails).
Nationalism works
By Will LaTulippe
Wed, 06/29/2016 - 10:57pm
See the bargains you get when some 190 sovereign states are setting prices and establishing markets for things?
Lots of Blame to go around
By Sammy
Wed, 06/29/2016 - 7:24pm
From my perspective, everyone is covered in guilt
-The deceased, who is a victim of his own stupidity, did knowingly break the law by getting a fake id and drinking. It is tragic, but if Icon didn't serve him, someone else probably would have, and a lot of doormen don't always take the ID away
-The friends are guilty, they could have seen how smashed he was, taken him home, but they were smashed too - I'm no lawyer, but aren't they guilty of something?
-The bar: Icon is one of those places that has inconsistent policies, and often times ignores them when there is a chunk of change like that. They deserve to be censured, and I think they do bear responsibility for breaking the law, but not really directly contributing to his death
-College Culture: Yeah yeah drinking sex bad fast food...as parents we do our best. I don't really blame college culture, I went to school here and couldn't get into a place, even with a 'borrowed' ID. The only time I saw underage kids let in during the 90s was if they were 1) Cute girls 2) Slutty girls 3) Foreigners with confusing passports. Say what you want, anyone who went to Axis, Avalan or Venus during the early 90s (or Europa) can attest to that.
Sad all around. I wish there was some sort of DNA test to test age, that would be cool
Design for the Theatre District...
By theszak
Wed, 06/29/2016 - 10:12pm
Design for the Theatre District is sorely wanting. Moving through the area, folks are relatively isolated.
Blaming this kid is
By anon
Thu, 06/30/2016 - 7:44am
Blaming this kid is despicable. Yes 18 year olds are legally adults but its just an arbitrary age designation. It doesn't mean that when you turn 18 you suddenly make smarter, more adult decisions. Ever heard the term "college adults"? No. There's a reason we call them college kids, right up to 21 or 22. They are young and they take risks and don't necessarily understand the consequences of their actions. The club owners and employees on the other hand should understand the consequences of their actions. Although I'm not sure I would hold the club fully responsible, the fact that they let underage patrons in without checking ID (right after this happened!!) certainly warrants the suspension. If you want to profit from the sale of a substance that is known to be dangerous in certain circumstances, that's its own risk and they need to be held legally accountable so that they'll be more careful in the future. Let's hold them to the same "adult" standards you expect 18 year old kids to live up to.
Well said! I totally agree.
By Metoo
Thu, 06/30/2016 - 12:53pm
Well said! I totally agree. At 18 years old I was still trying to be a cool kid and made some very bad decisions. Age 21 I was a whole different person.
Good comments on the Icon incident
By O-FISH-L
Sat, 07/02/2016 - 3:05pm
Some great comments on this thread, I even agree with most of Swrly's comments which rarely happens. Bars are up against it, especially those that do their best, which is unclear in this case. As the parent's note, the under 21 will always seek fake ID's, some flawless. I think a one year suspension, which will likely put Icon out of business, is harsh. Also curious how one "topples over a barrier" on the sixth floor without some effort beyond drunkenness. Wasn't there an incident a few years ago when someone fell from a garage while dancing on the edge?
This incident reminded me of a beautiful young blonde, (model-type, miniskirt, heels etc.) who produced a flawless ID, but was denied by the bouncer. She made a scene and threatened to sue. I was the Detective sent to decide. She had all of the info memorized so I told her I was a handwriting expert (bluff). If she could replicate the unique signature on the license, she could get in, if not she'd be immediately arrested for the felony and might not make bail all weekend. I gave her my pen and notebook. After a long pause of not writing, she started crying, admitting it was fake. It was just by chance that she was denied. As Sammy noted above, many of the sexy/slutty under 21 girls have no problem getting in.
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