Whoever violates or assists in the violation of any provision of this chapter or any order or regulation of the Commissioner made pursuant to any provision of this chapter, or obstructs or interferes with the execution of any such order of the Commissioner or willfully or unlawfully omits to obey such order of the Commissioner is guilty of a misdemeanor of the second degree. However, no person shall be imprisoned under this section for the first offense, and the prosecution shall always be as and for a first offense, unless an affidavit upon which the prosecution is instituted contains the allegation that the offense is a second or repeated offense.