People v. Knopfer

Appellant was convicted of a violation of section B32-5.0 of the Administrative Code of the City of New York. In our opinion the facts proved do not bring the case within the prohibition contained in that section which, in precise and unequivocal terms, is directed only against the licensee, his officers or employees. Respondent concedes that appellant was actually the employee of another, not the licensee, but maintains that he was, in legal contemplation, also the employee of the licensee. Any interpretation of the statute to bring about such result would have no substantial basis in fact…