134. In any prosecution under this act, the real offender as well as the owner, lessee or occupant of the premises where the offence was committed, or the holder of a permit issued for the sale of alcoholic beverages in such premises, shall be personally responsible for the penalties imposed for an offence under this act, even if such offence was committed by another person and even if it cannot be proved that such person acted under the direction of such owner, lessee, occupant or holder of a permit.
Proof that the offence was committed by a person in the employ of such owner, lessee, occupant or holder of a permit, or who was present in the establishment on sufferance, shall be conclusive proof that the offence was committed with the authorization and under the direction of such owner, lessee, occupant or holder of a permit.
At the option of the party prosecuting, the real offender and the owner, lessee, occupant or holder of a permit may be prosecuted jointly or separately; but they cannot both be convicted of the same offence.
If the real offender, the owner, the lessee or the holder of a permit is a partnership or a corporation, each partner or each director of the corporation who prescribes or authorizes the commission of the offence, consents to it or participates in it, is deemed to be a party thereto.
1971, c. 19, s. 138; 1979, c. 71, s. 140.