311.06 SALE OF MERCHANDISE ON PUBLIC STREETS.
   (a)    Permit Required. No person shall sell or display on the streets, parks or other public grounds in the Village any goods, wares or merchandise, unless a permit has been granted by the Mayor pursuant to this section.
 
   (b)    Application Fee. Any person may apply to the Mayor for permission to hold a sale or display. Such application shall be in writing; two copies shall be submitted not less than five days before the proposed sale or display and shall include the correct name and residence address of the applicant and of all other persons who will have complete or partial charge at such sale, the proposed time of the sale, the name of the organization and purpose of the sale. The application shall be accompanied by a two dollar ($2.00) administrative fee.
 
   (c)    Permit Refusal or Issuance. Such permit shall not be issued if the Mayor finds that:
      (1)   Adequate off-street parking is not available or provided for in connection with such displays or sales;
      (2)    Traffic hazards or congestion, particularly on through highways, would probably be created;
      (3)    Sanitary health or safety regulations or laws would not be complied with;
      (4)    Such use of property would tend materially to depreciate the value or purchase the use of neighboring property; or
      (5)    Such use would tend to create a public nuisance.
   In granting such application, the Mayor may impose such reasonable conditions as may be necessary to satisfy such criteria and to protect the public peace, health, safety and welfare.
(Ord. 2527. Passed 12-21-88.)
 
   (d)   Penalty. Except as otherwise provided in this subsection, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.