598

LAWS OF MARYLAND

[Ch. 49

provisions of that section, which are
contained in §14—904.

The present checklist of eating establishments
is deleted as unnecessary in light of the
language contained in the subsequent
provisions.

The words "or food preparation" are deleted as
unnecessary since a food preparation would, in
any event, be a "food." The word "display" is
substituted for "expose" for purposes of
clarity.

In item (2) of this section, the more correct
term "Jewish" is substituted for the somewhat
archaic "Hebrew."

In item (3) of this section, the word
"establishment" is deleted as unnecessary in
light of the phrase "place of business."

The only other changes are in style.

14-904. PENALTY.

ANY PERSON WHO VIOLATES ANY PROVISION OF THIS
SUBTITLE IS GUILTY OF A MISDEMEANOR AND ON CONVICTION IS
SUBJECT TO A FINE NOT EXCEEDING $500 OR IMPRISONMENT NOT
EXCEEDING ONE YEAR OR BOTH.

REVISOR'S NOTE: This section is new language derived
without substantive change from the identical
penalty provisions of each of Art. 27, §§ 196
and 197.

The alternative minimum penalties of a $25
fine and 30 days imprisonment are deleted to
conform to the statement of legislative policy
contained in Art. 2 7, §643, as repealed and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. Shear in. ___ 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.