Whiskey on Water on Water St. issued 2nd suspension in 2 months

WORCESTER — Canal District bar and nightclub Whiskey on Water was issued a three-day suspension for violating occupancy rules Thursday over occupancy at a college-themed event in February. This was the second suspension issued to the bar in two months.

On Feb. 2, Whiskey on Water at 97 Water St. hosted an event geared towards college students, Worcester Police Sgt. Thomas Needham said at the License Commission hearing Thursday. The city had received concerned emails from parents about students partaking in underage drinking and having difficulties safely leaving the crowded bar.

Emails from two parents were read aloud in the meeting. One parent said his 19-year-old daughter had purchased alcoholic beverages on a credit card at various nightclubs and purchased tickets to the recurring event.

The second email came from a parent who said their daughter, who attends College of the Holy Cross, attended a Jan. 26 event at Whiskey on Water and was unable to leave due to overcrowding of the second floor. The daughter said the bar's bouncer was drunk and she had to push her way outside. The manager, who was outside, reportedly told her to not come back if she did not like it.

In response to the two emails, the city conducted a compliance check on the day of the event, which was advertised on Eventbrite. Upon seeing the bar was busy, officials asked the employee at the front door the number of occupancy that was recorded at 224, Needham said.

When the investigators made their way into the building and to the second floor, staff said occupancy on the second floor was about 150. Two Firefighters conducted separate manual counts on the second floor and came up with counts of 229 and 241.

The maximum occupancy for Whiskey on Water is 120 on the first floor and 120 on the second floor for a total of 240.

Three minors were also determined to have been in possession of alcohol with fake IDs. The Alcoholic Beverages Control Commission confiscated the fake IDs and will be taking up the matter.

Sean Murray, an attorney representing Whiskey on Water, said employees were taking video and photos of the second floor that indicated they were counting the occupancy. The photos had counts that were under the occupancy limits, Murray said.

However, fire investigators stood by their counts.

Mark Erlich, owner of Whiskey on Water, said the night was one of their worst on record financially, which he said indicated the occupancy may have been lower than the firefighter count.

On Feb. 9, the License Commission issued Whiskey on Water a three-day suspension for a similar overcrowding violation and an underage drinking violation. One suspension day was served Feb. 23 and the other two were to be applied to the bar if they committed another violation.

The Feb. 9 violation stems from a Nov. 10, 2022, incident where city officials were conducting compliance tests and found 12 underage patrons drinking alcohol with a fake ID and a total occupancy of 400, according to minutes from the License Commission meeting.

At the time Murray also said there was conflicting estimates of how many were in the building.

Murray also said the business lost staff and a manager during the COVID-19 pandemic and was struggling. He said Whiskey on Water had taken steps to change the premises such as ordering a new scanner to read false IDs, raising staff wages and implementing new policies on which IDs to accept.

The License Commission unanimously voted Thursday that an occupancy violation occurred.

At the Thursday meeting Chairman Walter Shea said he will request the fire department meet with the manager the next time they go to Whiskey on Water so both can go in together and come to a consensus on the occupancy numbers.

"We've got to do something to prevent this from happening because we do not want to see somebody get hurt in there," Shea said. "I don't want to see that. I just don't want this to be on my conscience or the conscience of the members here or the city."

Shea said he also could not remember another time when he received concerned emails from parents about an establishment.

He also reminded Whiskey on Water management to treat the young patrons better.

Whiskey on Water was issued a three-day suspension with one being served and two to be served if they are issued another violation within a year. An additional two days suspension was added from the Feb. 9 violation.

Murray and Erlich objected to the additional two days suspension, saying the the Feb. 2 incident occurred before they received the violation Feb. 9 for the Nov. 10 incident. City officials informed them they were following state policy.

Police also cited Whiskey on Water for not informing the city and police department of a promoted event within 14 days prior to the event. Murray argued the city law was unclear about what a promoted event consisted of, saying the DJs who performed Feb. 2 were paid a flat fee and the promoter did not rent the premises or receive a portion of the gross receipts from the door or bar.

The License Commission voted not to issue the promoted event violation Thursday.

This article originally appeared on Telegram & Gazette: Whiskey on Water on Water St. issued 2nd suspension in 2 months