Think for a moment about what kind of horrible totalitarian system you'd need to be living in for it to be able to jail a waiter just for making a product recommendation. Given the current US administration, how could anyone in their right mind think it's a good idea to give the government that kind of power?
Who said the punishment would be imprisonment? Fine the waiter $5 for every violation. Such a small fine will be orders of magnitude higher than what advertisers pay.