§243. Penalty; prima facie evidence
Whoever violates the provisions of this Subpart shall be fined not less
than fifty dollars nor more than five hundred dollars, or imprisoned for not
more than thirty days, or both, for the first offense. For each subsequent
offense the offender shall be fined not less than two hundred dollars nor more
than one thousand dollars, or imprisoned for not less than thirty days nor more
than six months, or both.
Possession of any bottles, syphon, fountain, tank, case or box with
name, mark, or device, as aforesaid, or parts thereof, by any person engaged
in the junk business or in the used or second hand bottle business, or by any
person designated in R.S. 51:241, other than the one filing such name, mark
or device, without the latter's written consent, shall be prima facie evidence of
the violation of this Subpart. Possession of any bottle, syphon, fountain, tank,
case or box, with such name, mark or device or parts thereof by any person,
resulting from the purchase of the lawful contents of the bottle, syphon,
fountain, tank, case or box, in the usual course of business is not prima facie
evidence of a violation of this Subpart.
Where a firm violates the provisions of this Subpart each member shall
be subject to the penalties prescribed in this Section and where a corporation
violates the provisions of this Subpart each of its officers shall be subject to
the penalties prescribed in this Section.