§ 279-e. Penalties. Any person offending against the provisions hereof shall be deemed guilty of a misdemeanor, and shall be punished for the first offense by imprisonment of not less than ten days nor more than one year, or by a fine of not less than one dollar nor more than five dollars for each and every vessel, receptacle or utensil involved, or both; and for each subsequent offense by imprisonment of not less than twenty days or more than one year, or by a fine of not less than five dollars nor more than ten dollars for each and every vessel, receptacle or utensil involved, or both, in the discretion of the magistrate or court before whom the offense shall be tried.