33. In any proceedings instituted under this Act, the defendant and the operator of an establishment where the offence was committed are liable to the penalties imposed for an offence against this Act, even if it was committed by another person and even if it cannot be proved that such person was acting under the direction of such operator.
Proof that the offence was committed by a person in the employ of such operator shall be conclusive evidence that the offence was committed with the authorization and under the direction of the latter.
At the option of the prosecutor, the real offender and the operator of the establishment may be sued jointly or separately, but they cannot both be convicted of the same offence.
1971, c. 33, s. 33; 1990, c. 4, s. 273.