City of Monticello, Iowa
RESOLUTION #2026-67
Approving Order Acknowledging Affirmative
Defense related to tobacco sale violation
at Hy-Vee Dollar Fresh
WHEREAS, The City of Monticello Police Department issued a citation to an employee of the Hy-Vee Dollar Fresh, a Cigarette Permittee in the City of Monticello, after said employee sold cigarettes to a minor, and
WHEREAS, The sale of cigarettes to a minor is a violation of Iowa Code Section 453A.2(1), and
WHEREAS, Pursuant to Iowa Code Section 453A.2(1), the City is required to impose a penalty against the permittee in the amount of $300.00 for a first violation within 2 years, and
WHEREAS, Pursuant to Iowa Code Section 453A.22(3), if an employee of a retailer violates section 453A.2, subsection 1, the retailer shall not be assessed a penalty under subsection 2, and the violation shall be deemed not to be a violation of section 453A.2, subsection 1, for the purpose of determining the number of violations for which a penalty may be assessed pursuant to subsection 2, if the employee holds a valid certificate of completion of the tobacco compliance employee training program pursuant to section 453A.5 at the time of the violation. A retailer may assert only once in a four-year period the bar under this subsection against assessment of a penalty pursuant to subsection 2, for a violation of section 453A.2, that takes place at the same place of business location, and
WHEREAS, The City of Monticello finds that the Permittee herein violated Iowa Code Section 453A.2(1) and based thereon does hereby acknowledges Hy-Vee Dollar Fresh’s Assertion of Affirmative Defense related to the aforementioned violation, and
WHEREAS, Hy-Vee Dollar Fresh has submitted a letter declaring their Assertion of Affirmative Defense related to the aforementioned violation and proof of completion of the Iowa Pledge Retailer Training Program on September 18, 2025, and
NOW THEREFORE, BE IT RESOLVED that the City of Monticello Mayor is authorized to sign the attached Order Acknowledging the Affirmation Defense
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and caused the Great Seal of the City of Monticello, Iowa to be affixed hereto. Done this 20th day of April 2026.
Jake Ellwood, Mayor
Attest:
Sally Hinrichsen, City Clerk/Treasurer