Resubmitted in banc February 10, 1993.
RICHARDSON, Chief Judge.
In these consolidated appeals, defendant seeks reversal of his« convictions, pursuant to ORS 221.350, for violating section 4.860(d) of the Eugene Code by selling "joke books" on a city sidewalk. That code provision makes it an offense to
"[s]et up or operate a vehicle, stand or place for the display or sale of merchandise, or sell, vend, or display for sale an article in the...
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