592

LAWS OF MARYLAND

[Ch. 49

corporation or any member, officer, agent or
employee thereof" is deleted as unnecessary in
light of the definition of "person" as well as
the provisions of §§ 14-703 and 14-704 which
refer to "his agent, or employee."

The alternate minimum penalty of a $100 fine,
presently contained in Art. 27, §228, is
deleted to conform to the statement of
legislative policy contained in Art. 27, §643,
as repealed and re—enacted by Ch. 181, Acts of
1972. That section sets forth the general
rule that, notwithstanding a prescribed
minimum penalty, the Court may nevertheless
impose a lesser penalty of the same character.
Although there are exceptions to the general
rule, they would not appear to be at all
controlling in this instance. See, e.g., Art.

27, §36B(e); State v. Shearin. ___ Md. ___

(The Daily Record, Oct. 21, 1974). The
deletion of minimum penalties follows the
revision standard previously adopted by the
General Assembly; See, e.g., NR §4—1201.

The Commission notes that the specific,
defined prohibitions of this subtitle are
subject to lesser penalties than the general
provisions of Art. 27, §195(b-2), which permit
imposition of a $1000 fine and a one year
prison term for persons who offer for sale
secondhand merchandise without identifying
them as such. The General Assembly may wish to
conform these provisions and penalties.

SUBTITLE 8. USED RADIO AND TELEVISION SETS.

14-801. DEFINITIONS.

(A)   IN GENERAL.

IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE
MEANINGS INDICATED.

REVISOR'S NOTE: This subsection is new language used
as the standard introductory language to a
definition section.

(B)   PERSON.

"PERSON" INCLUDES AN INDIVIDUAL, CORPORATION,
BUSINESS TRUST, ESTATE, TRUST, PARTNERSHIP, ASSOCIATION,
TWO OR MORE PERSONS HAVING A JOINT OR COMMON INTEREST, OR
ANY OTHER LEGAL OR COMMERCIAL ENTITY.