§ 38A-9. Penalties for offenses.

A. 

Any person or persons who shall violate any of the provisions of this chapter, except a violation of § 38A-3, shall be subject to the following penalties:

(1) 

For conviction of a first offense, by a fine of not less than $500 and not more than $1,000 or by imprisonment not exceeding five days, or by both.

(2) 

For conviction of the second of two offenses, both of which were committed within a period of five years, by a fine of not less than $1,500 and not more than $2,500 or by imprisonment not exceeding 10 days, or by both.

(3) 

For conviction of a third or subsequent offense, all of which were committed within a period of five years, by a fine of not less than $3,000 and not more than $10,000 or by imprisonment not exceeding 15 days, or by both.

B. 

Notwithstanding any other provision of this code, any person or persons who violate § 38A-3 of this chapter shall be subject to the following penalties:

(1) 

For conviction of a first offense, by a fine of not less than $2,000 and not more than $10,000 or by imprisonment not exceeding five days, or by both.

(2) 

For conviction of the second of two offenses, both of which were committed within a period of two years, by a fine of not less than $5,000 and not more than $20,000 or by imprisonment not exceeding 10 days, or by both.

(3) 

For conviction of a third or subsequent offense, all of which were committed within a period of five years, by a fine of not less than $10,000 and not more than $50,000 or by imprisonment not exceeding 15 days, or by both.