18 Pa.C.S. § 7364
(c) Exceptions.— Subsection (a) of this section shall not apply to any retail establishment:
(e) Repeated offense penalty.— A person who commits a second or any subsequent offense within one year after conviction for the first offense shall be sentenced to pay a fine not exceeding $200.
Constitutionality. Section 7364 was declared unconstitutional on October 5, 1978, by the Supreme Court of Pennsylvania in Kroger Co. v. O'Hara Township, 481 Pa. 101, 392 A.2d 266 (1978).