State upholds punishment for Theater District club that served teen who fell to his death from a garage

The state Alcoholic Beverages Control Commission yesterday upheld a five-day suspension levied against Icon on Warrenton Street for serving four underage Tufts freshmen on an April, 2016 night that ended with one of them falling to his death from the Tufts Medical Center garage.

The Boston Licensing Board had ordered the suspension last June. Icon appealed the decision to the ABCC, which ruled that the evidence showed the club let the four in with fake IDs and let them spend $1,006.20 for a reserved table at which they were served one bottle of vodka and one of champagne.

The commission also ruled that the punishment was not excessive, in part because Icon had been found to have served a minor in a separate incident in 2014. The commission did rule that the board had failed to prove the four students were overserved, despite testimony from one of them that they all left the club intoxicated.

The ABCC has yet to rule on two other suspensions - totaling more than a year - the board ordered for incidents after Alex Bhak, 18, of New York City, fell to his death.

Icon's owners, Paga, Inc., can appeal the ABCC decision in Suffolk Superior Court.