II.1. Consideration of Potential Protective Measures related to COVID-19; LenzJanuary 11, 2022 Council Report 2022-007
Consideration of Potential Protective Measures related to COVID-19
Proposed Action
Council has requested to review options related to Covid-19, specifically facial masking
requirements.
Staff has prepared three options for Council to consider. After selecting an option, Council
should review the proposed ordinance or policy, and make any adjustments necessary. Summary
of the three options and motions are below. More details about each option are provided in the
Overview section.
Option 1: Council implements an Emergency Ordinance requiring face covering citywide.
Move to adopt Emergency Ordinance 2022-1178. An Emergency Ordinance relating to
Face Covering Requirements within specified indoor spaces within the City of Hopkins,
Minnesota.
Option 2: Council implements a City Ordinance requiring face covering citywide.
Move to adopt for the first reading Ordinance 2022-1178. An Ordinance relating to Face
Covering Requirements within specified indoor spaces within the City of Hopkins,
Minnesota.
Option 3: Council implements a City policy requiring face covering in City facilities.
Move to a City Policy implementing Face Covering Requirements within Specified
Indoor Spaces of City Owned Facilities.
Overview
Option 1: Council implements and Emergency Ordinance requiring Face Covering citywide.
The City has the authority to declare an emergency in Minn. Stat. 12.29. The City also has the
authority under the Charter Section 3.03 (2) “An emergency ordinance is one in which the
emergency is defined or declared in a preamble thereto, separately voted upon, and both the
preamble and/ordinance must be adopted by at least four votes of the council. An
emergency ordinance may be adopted after its first reading and take effect immediately after
its adoption. No grant of any franchise shall be construed to be an emergency ordinance.”
Option 2: Council implements a City Ordinance requiring Face Cover Citywide.
This would adopt the same ordinance as the Emergency Ordinance, but a second reading would
be required. The ordinance would go into effect after the second reading and publication on
January 27, 2022. Requires a simple majority to be adopted.
Option 3: Council implements a City Emergency Policy requiring Face Covering in City
Facilities.
Requires a simple majority to be adopted and could go into effect immediately, but would be
limited to City facilities.
Supporting Information
Emergency Ordinance 2022-1178 An Emergency Ordinance Relating to Face Covering
Requirements within specified Indoor Spaces within the City of Hopkins, MN
Ordinance 2022-1178 An Ordinance Relating to Face Covering Requirements within specified
Indoor Spaces within the City of Hopkins, MN
City Emergency Policy Implementing Face Covering Requirements within Specified Indoor
Spaces of City Owned Facilities.
Ari Lenz,
Assistant City Manager
DOCSOPEN\HP145\1\664398.v4-7/21/20
CITY OF HOPKINS
COUNTY OF HENNEPIN
ORDINANCE NO. 2022-1178
AN EMERGENCY ORDINANCE RELATING TO FACE COVERING REQUIREMENTS
WITHIN SPECIFIED INDOOR SPACES WITHIN THE CITY OF HOPKINS, MINNESOTA
The council of the City of Hopkins hereby ordains as follows:
Section 1. Preamble
Since March 16, 2020, the City of Hopkins has been under a declared local emergency, due to
the worldwide COVID-19 pandemic. The conditions that gave rise to the state of emergency
continue to exist. The United States leads the world in the number of confirmed COVID-19 cases,
and in some parts of the United States, the number of confirmed cases is surging, posing a threat
to the response capabilities of health care facilities. Growing scientific evidence indicates that the
wearing of face coverings in public significantly reduces the risk of infection from the coronavirus.
The Center for Disease Control and Prevention, the Minnesota Department of Health, the Mayo
Clinic, and Governor Tim Walz have all urged the use of face masks as a measure to reduce or
prevent the spread of COVID-19. This emergency ordinance is adopted in response to the
emergency and in accordance with Section 3.03 of the City Charter to protect the public safety,
health and welfare.
Section 2. Findings
The Hopkins City Council makes the following findings:
2.01 The COVID-19 disease presents a serious health risk to the residents of Hopkins. As of
January 5, there have been 57.7 million confirmed cases in the United States, resulting in
831,118 deaths, 1,045,170 million confirmed cases in Minnesota, resulting in 10,740
deaths. In Hennepin County the seven day positivity rate is up 22.6%, there have been
196,427 confirmed cases in Hennepin County, resulting in 2,152 deaths, and 3,223
confirmed cases in Hopkins resulting in 64 deaths (as of December 27).
2.02 Scientific studies suggest that wearing face coverings significantly reduces the risk of
infection from the coronavirus and that face-covering mandates could save hundreds of
thousands of lives in the United States.
2.03 Many businesses in the city already require face coverings for employees and customers,
and others have indicated that they would also if the local jurisdiction requires it.
2.04 The primary benefit of most face coverings is that it reduces the spread of infection by the
wearer to others. Because many persons infected with the coronavirus may be
asymptomatic or presymptomatic, without any reason to know that they have the disease,
a face-covering requirement protects the health of others, such as business employees
who provide essential services to the public.
Ordinance No. 2022-1178 Page 2
2.05 Businesses are adversely impacted when employees become infected or must be
quarantined due to an exposure. Employee illness can result in temporary closure of some
businesses. Reducing the rate of employee illness provides an economic benefit to
individual businesses and to the economy as a whole. The state encourages businesses
to “Stay Safe to Stay Open.”
2.06 This ordinance is enacted for the purpose of protecting the public health, promoting the
local economy, minimizing the need for future reclosing based on public health, and
reducing the demand that COVID-19 cases place upon the healthcare system.
Section 3. Face covering requirement
3.01 Definitions
1. For purposes of this ordinance “face covering” means a manufactured or
homemade cloth covering that fully covers an individual’s nose and mouth. Cloth
face coverings include surgical masks, N‐95 masks, but do not have to be hospital
grade, but need to cover the nose and mouth. The terms “mask” and “face
covering” are synonymous.
2. For purposes of this ordinance, a “space of public accommodation” means a
business, refreshment, entertainment or recreation facility, or an institution of any
kind, whether licensed or not, whose goods, services, facilities, privileges,
advantages, or accommodations are extended, offered, sold or otherwise made
available to the public. Examples include retail stores, rental establishments, city-
owned buildings, and service establishments as well as recreational facilities, and
service centers. This definition includes establishments and facilities that offer food
and beverage not for on-premises consumption, including grocery stores, markets,
convenience stores, pharmacies, drug stores, and food pantries.
3.02 Except as exempted by section 3.04 of this ordinance, all individuals must wear a face
covering in indoor areas accessible to the public within the city of Hopkins. Specific to the
face covering mandate in this section 3.02, the following shall also apply:
1. Restaurants and bars must include the requirements of this ordinance in their
COVID-19 Preparedness Plan.
2. Spaces of public accommodation. Owners and managers of spaces of public
accommodation must include in their COVID-19 Preparedness Plan that all
employees wear a face covering when the individual is within any area open to the
public or within six feet of another person. Customers are required to wear a face
covering before entering and until exiting.
3. Gyms, fitness centers and sports facilities, including city-owned sports facilities.
Employees, staff, participants and spectators are required to wear a face covering
at all times when the individual is indoors and within six feet of another person.
Face masks are not required for an individual while actively participating in
Ordinance No. 2022-1178 Page 3
permitted athletic activities. Businesses must include the requirements of this
ordinance in their COVID-19 Preparedness Plan.
4. Indoor entertainment venues, including theaters. All employees and customers
must wear face coverings when inside the entertainment venue and not seated in
their assigned seat; individuals speaking to an audience are not required to wear
a mask while speaking, as long as the speaker remains six feet or more away from
other individuals. All indoor entertainment venues must include the requirements
of this ordinance in their COVID-19 Preparedness Plan.
5. Indoor Common spaces in multi-family residential and multi-tenant office buildings.
Residents of multi-family housing building and their guests, and tenants and
employees in multi-tenant office buildings and their guests, shall wear a face
covering when in indoor common spaces such as hallways, corridors, lobbies,
restrooms, mail rooms, elevators, trash and recycling rooms, fitness rooms,
recreation rooms, laundry rooms and other space owned and used in common by
the residents, employees and tenants of the building; except, that an individual
within a fitness center is not required to wear a mask while actively participating in
permitted athletic activities.
6. City buildings. City employees and all other individuals must wear face coverings
within those portions of city-owned buildings that are open to the general public.
This paragraph does not apply to city-owned facilities that are otherwise covered
by paragraph 3 above.
3.03 Other requirements:
1. Except for facilities exempted by section 3.04 of this ordinance, all employers of
businesses that are spaces of public accommodation, as defined by this ordinance,
shall require their employees to wear a face covering whenever such employees
have face-to-face contact with the public, unless other physical barriers are in
place or at least six feet of separation is maintained according to CDC guidelines.
2. Owners or managers of property subject to this ordinance shall post written notice
at all points used by the public to access the property, notifying the public that face
coverings are required.
3.04 Exemptions. The following locations and individuals are exempted from this ordinance:
1. Facilities operated by the county, state or federal government or a political
subdivision of the state of Minnesota (other than facilities operated by the city of
Hopkins).
2. Children five (5) years of age and under.
3. Individuals actively eating or drinking.
4. Individuals temporarily removing the face covering for identification purposes.
Ordinance No. 2022-1178 Page 4
5. Individuals unable to wear a mask due to medical, disability or developmental
reasons.
6. Individuals unable to remove their face covering without assistance.
7. Individuals speaking to someone who is deaf or hard of hearing and requires the
mouth to be visible to communicate effectively.
8. Participants actively participating in youth sports activities.
9. Places of worship, so long as these establishments have written COVID-19
Preparedness Plans that are in compliance with State Guidelines.
10. Public and private school facilities, so long as these establishments have written
COVID-19 Preparedness Plans that are in compliance with State Guidelines.
11. Individuals, with approval of the public accommodation, speaking to a group of
individuals, or testifying in front of an audience are not required to wear a mask
while speaking, as long as the speaker remains six feet or more away from other
individuals and other individuals are wearing masks.
12. Any public safety personnel actively engaged in an emergency response
situation.
13. Polling locations, no voter may be told to leave the premises for refusal to wear a
mask.
3.05 Enforcement.
1. Any individual who fails to comply with this ordinance must be asked to leave by
an authorized representative of the business or organization. If the individual
continues to refuse to leave, law enforcement may enforce trespassing laws or any
other law the individual may violate. Businesses and organizations may rely on an
individual's statements if they claim to be exempt from the ordinance due to
medical, disability, or developmental reasons.
2. An individual’s subsequent failure to comply with this ordinance may be subject to
the penalty provisions of City Code Sec. 1-20, which provides that violation of an
emergency regulation adopted by the city council is a misdemeanor offense.
3. Any business violating this ordinance shall be subject to administrative action for
any licenses they possess with the city.
Section 4. Recommendations
1. The requirement in this Order that face-coverings be worn in certain circumstances
is intended to add to (and not substitute for) other practices (such as hand washing,
Ordinance No. 2022-1178 Page 5
staying home when sick, and maintaining appropriate physical distancing of at
least six feet) as recommended by public health officials to minimize the spread of
COVID-19.
2. It is recommended that any individual cover their nose and mouth with a mask or
a cloth face covering when physical distancing standards or at least six feet of
separation cannot be maintained among all individuals in accordance with CDC
guidelines when in outdoor spaces.
3. Businesses and organizations are encouraged to provide masks for customers at
no or nominal cost.
Section 5. Enforcement
This emergency ordinance supersedes inconsistent or conflicting provisions of the City Code and
any resolution or ordinance while this emergency ordinance remains in effect. To the extent that
this ordinance directly conflicts with County, State or Federal ordinances, they would take
precedence.
Section 6. Duration
This ordinance will expire on the earlier of:
1. February 28, 2022;
2. Upon the expiration of the local emergency to which it relates; or
3. Upon the issuance of an executive order by County, State or Federal mandates
the wearing of face coverings for any geographic area that includes Hennepin
County, Minnesota.
Section 7. Effective Date
This uncodified emergency ordinance adopted pursuant to the Hopkins City Charter Section 3.03,
shall take effect at 12:01 a.m. on January 12, 2022.
Adopted by the City Council of the City of Hopkins, Minnesota, on January 11, 2022.
Patrick Hanlon, Mayor
Attest:
Amy Domeier, City Clerk
DOCSOPEN\HP145\1\664398.v4-7/21/20
CITY OF HOPKINS
COUNTY OF HENNEPIN
ORDINANCE NO. 2022-1178
AN ORDINANCE RELATING TO FACE COVERING REQUIREMENTS
WITHIN SPECIFIED INDOOR SPACES WITHIN THE CITY OF HOPKINS, MINNESOTA
The council of the City of Hopkins hereby ordains as follows:
Section 1. Preamble
Since March 16, 2020, the City of Hopkins has been under a declared local emergency, due to
the worldwide COVID-19 pandemic. The conditions that gave rise to the state of emergency
continue to exist. The United States leads the world in the number of confirmed COVID-19 cases,
and in some parts of the United States, the number of confirmed cases is surging, posing a threat
to the response capabilities of health care facilities. Growing scientific evidence indicates that the
wearing of face coverings in public significantly reduces the risk of infection from the coronavirus.
The Center for Disease Control and Prevention, the Minnesota Department of Health, the Mayo
Clinic, and Governor Tim Walz have all urged the use of face masks as a measure to reduce or
prevent the spread of COVID-19. This ordinance is adopted in response to the emergency and in
accordance with Section 3.03 of the City Charter to protect the public safety, health and welfare.
Section 2. Findings
The Hopkins City Council makes the following findings:
2.01 The COVID-19 disease presents a serious health risk to the residents of Hopkins. As of
January 5, there have been 57.7 million confirmed cases in the United States, resulting in
831,118 deaths, 1,045,170 million confirmed cases in Minnesota, resulting in 10,740
deaths. In Hennepin County the seven day positivity rate is up 22.6%, there have been
196,427 confirmed cases in Hennepin County, resulting in 2,152 deaths, and 3,223
confirmed cases in Hopkins resulting in 64 deaths (as of December 27).
2.02 Scientific studies suggest that wearing face coverings significantly reduces the risk of
infection from the coronavirus and that face-covering mandates could save hundreds of
thousands of lives in the United States.
2.03 Many businesses in the city already require face coverings for employees and customers,
and others have indicated that they would also if the local jurisdiction requires it.
2.04 The primary benefit of most face coverings is that it reduces the spread of infection by the
wearer to others. Because many persons infected with the coronavirus may be
asymptomatic or presymptomatic, without any reason to know that they have the disease,
a face-covering requirement protects the health of others, such as business employees
who provide essential services to the public.
2.05 Businesses are adversely impacted when employees become infected or must be
quarantined due to an exposure. Employee illness can result in temporary closure of some
Ordinance No. 2022-1178 Page 2
businesses. Reducing the rate of employee illness provides an economic benefit to
individual businesses and to the economy as a whole. The state encourages businesses
to “Stay Safe to Stay Open.”
2.06 This ordinance is enacted for the purpose of protecting the public health, promoting the
local economy, minimizing the need for future reclosing based on public health, and
reducing the demand that COVID-19 cases place upon the healthcare system.
Section 3. Face covering requirement
3.01 Definitions
1. For purposes of this ordinance “face covering” means a manufactured or
homemade cloth covering that fully covers an individual’s nose and mouth. Cloth
face coverings include surgical masks, N‐95 masks, but do not have to be hospital
grade, but need to cover the nose and mouth. The terms “mask” and “face
covering” are synonymous.
2. For purposes of this ordinance, a “space of public accommodation” means a
business, refreshment, entertainment or recreation facility, or an institution of any
kind, whether licensed or not, whose goods, services, facilities, privileges,
advantages, or accommodations are extended, offered, sold or otherwise made
available to the public. Examples include retail stores, rental establishments, city-
owned buildings, and service establishments as well as recreational facilities, and
service centers. This definition includes establishments and facilities that offer food
and beverage not for on-premises consumption, including grocery stores, markets,
convenience stores, pharmacies, drug stores, and food pantries.
3.02 Except as exempted by section 3.04 of this ordinance, all individuals must wear a face
covering in indoor areas accessible to the public within the city of Hopkins. Specific to the
face covering mandate in this section 3.02, the following shall also apply:
1. Restaurants and bars must include the requirements of this ordinance in their
COVID-19 Preparedness Plan.
2. Spaces of public accommodation. Owners and managers of spaces of public
accommodation must include in their COVID-19 Preparedness Plan that all
employees wear a face covering when the individual is within any area open to the
public or within six feet of another person. Customers are required to wear a face
covering before entering and until exiting.
3. Gyms, fitness centers and sports facilities, including city-owned sports facilities.
Employees, staff, participants and spectators are required to wear a face covering
at all times when the individual is indoors and within six feet of another person.
Face masks are not required for an individual while actively participating in
permitted athletic activities. Businesses must include the requirements of this
ordinance in their COVID-19 Preparedness Plan.
Ordinance No. 2022-1178 Page 3
4. Indoor entertainment venues, including theaters. All employees and customers
must wear face coverings when inside the entertainment venue and not seated in
their assigned seat; individuals speaking to an audience are not required to wear
a mask while speaking, as long as the speaker remains six feet or more away from
other individuals. All indoor entertainment venues must include the requirements
of this ordinance in their COVID-19 Preparedness Plan.
5. Indoor Common spaces in multi-family residential and multi-tenant office buildings.
Residents of multi-family housing building and their guests, and tenants and
employees in multi-tenant office buildings and their guests, shall wear a face
covering when in indoor common spaces such as hallways, corridors, lobbies,
restrooms, mail rooms, elevators, trash and recycling rooms, fitness rooms,
recreation rooms, laundry rooms and other space owned and used in common by
the residents, employees and tenants of the building; except, that an individual
within a fitness center is not required to wear a mask while actively participating in
permitted athletic activities.
6. City buildings. City employees and all other individuals must wear face coverings
within those portions of city-owned buildings that are open to the general public.
This paragraph does not apply to city-owned facilities that are otherwise covered
by paragraph 3 above.
3.03 Other requirements:
1. Except for facilities exempted by section 3.04 of this ordinance, all employers of
businesses that are spaces of public accommodation, as defined by this ordinance,
shall require their employees to wear a face covering whenever such employees
have face-to-face contact with the public, unless other physical barriers are in
place or at least six feet of separation is maintained according to CDC guidelines.
2. Owners or managers of property subject to this ordinance shall post written notice
at all points used by the public to access the property, notifying the public that face
coverings are required.
3.04 Exemptions. The following locations and individuals are exempted from this ordinance:
1. Facilities operated by the county, state or federal government or a political
subdivision of the state of Minnesota (other than facilities operated by the city of
Hopkins).
2. Children five (5) years of age and under.
3. Individuals actively eating or drinking.
4. Individuals temporarily removing the face covering for identification purposes.
5. Individuals unable to wear a mask due to medical, disability or developmental
reasons.
Ordinance No. 2022-1178 Page 4
6. Individuals unable to remove their face covering without assistance.
7. Individuals speaking to someone who is deaf or hard of hearing and requires the
mouth to be visible to communicate effectively.
8. Participants actively participating in youth sports activities.
9. Places of worship, so long as these establishments have written COVID-19
Preparedness Plans that are in compliance with State Guidelines.
10. Public and private school facilities, so long as these establishments have written
COVID-19 Preparedness Plans that are in compliance with State Guidelines.
11. Individuals, with approval of the public accommodation, speaking to a group of
individuals, or testifying in front of an audience are not required to wear a mask
while speaking, as long as the speaker remains six feet or more away from other
individuals and other individuals are wearing masks.
12. Any public safety personnel actively engaged in an emergency response
situation.
13. Polling locations, no voter may be told to leave the premises for refusal to wear a
mask.
3.05 Enforcement.
1. Any individual who fails to comply with this ordinance must be asked to leave by
an authorized representative of the business or organization. If the individual
continues to refuse to leave, law enforcement may enforce trespassing laws or any
other law the individual may violate. Businesses and organizations may rely on an
individual's statements if they claim to be exempt from the ordinance due to
medical, disability, or developmental reasons.
2. An individual’s subsequent failure to comply with this ordinance may be subject to
the penalty provisions of City Code Sec. 1-20, which provides that violation of an
emergency regulation adopted by the city council is a misdemeanor offense.
3. Any business violating this ordinance shall be subject to administrative action for
any licenses they possess with the city.
Section 4. Recommendations
1. The requirement in this Order that face-coverings be worn in certain circumstances
is intended to add to (and not substitute for) other practices (such as hand washing,
staying home when sick, and maintaining appropriate physical distancing of at
least six feet) as recommended by public health officials to minimize the spread of
COVID-19.
Ordinance No. 2022-1178 Page 5
2. It is recommended that any individual cover their nose and mouth with a mask or
a cloth face covering when physical distancing standards or at least six feet o f
separation cannot be maintained among all individuals in accordance with CDC
guidelines when in outdoor spaces.
3. Businesses and organizations are encouraged to provide masks for customers at
no or nominal cost.
Section 5. Enforcement
This ordinance supersedes inconsistent or conflicting provisions of the City Code and any
resolution or ordinance while this ordinance remains in effect. To the extent that this ordinance
directly conflicts with County, State or Federal ordinances, they would take precedence.
Section 6. Duration
This ordinance will expire on the earlier of:
1. February 28, 2022;
2. Upon the expiration of the local emergency to which it relates; or
3. Upon the issuance of an executive order by County, State or Federal mandates
the wearing of face coverings for any geographic area that includes Hennepin
County, Minnesota.
Section 7. Effective Date
This uncodified ordinance adopted pursuant to the Hopkins City Charter Section 3.03, shall take
effect the date of this ordinance shall be the date of publication.
First Reading: January 11, 2022
Second Reading: January 18, 2022
Date of Publication: January 27, 2022
Date Ordinance Takes Effect: January 27, 2022
Adopted by the City Council of the City of Hopkins, Minnesota, on January 11, 2022.
Patrick Hanlon, Mayor
Ordinance No. 2022-1178 Page 6
Attest:
Amy Domeier, City Clerk
DOCSOPEN\HP145\1\664398.v4-7/21/20
CITY OF HOPKINS
COUNTY OF HENNEPIN
CITY POLICY IMPLEMENTING FACE COVERING REQUIREMENTS
WITHIN SPECIFIED INDOOR SPACES WITHIN THE CITY OF HOPKINS, MINNESOTA
The council of the City of Hopkins hereby adopts as follows:
Section 1. Preamble
Since March 16, 2020, the City of Hopkins has been under a declared local emergency due to
the worldwide COVID-19 pandemic. The conditions that gave rise to the state of emergency
continue to exist. The United States leads the world in the number of confirmed COVID-19 cases,
and in some parts of the United States, the number of confirmed cases is surging, posing a threat
to the response capabilities of health care facilities. Growing scientific evidence indicates that the
wearing of face coverings in public significantly reduces the risk of infection from the coronavirus.
The Center for Disease Control and Prevention, the Minnesota Department of Health, the Mayo
Clinic, and Governor Tim Walz have all urged the use of face masks as a measure to reduce or
prevent the spread of COVID-19. This City Policy is adopted in response to the emergency to
protect the public safety, health and welfare.
Section 2. Findings
The Hopkins City Council makes the following findings:
2.01 The COVID-19 disease presents a serious health risk to the residents of Hopkins. As of
January 5, there have been 57.7 million confirmed cases in the United States, resulting in
831,118 deaths, 1,045,170 million confirmed cases in Minnesota, resulting in 10,740
deaths. In Hennepin County the seven day positivity rate is up 22.6%, there have been
196,427 confirmed cases in Hennepin County, resulting in 2,152 deaths, and 3,223
confirmed cases in Hopkins resulting in 64 deaths (as of December 27).
2.02 Scientific studies suggest that wearing face coverings significantly reduces the risk of
infection from the coronavirus and that face-covering mandates could save hundreds of
thousands of lives in the United States.
2.03 The primary benefit of most face coverings is that it reduces the spread of infection by the
wearer to others. Because many persons infected with the coronavirus may be
asymptomatic or presymptomatic, without any reason to know that they have the disease,
a face-covering requirement protects the health of others, such as employees who provide
essential services to the public.
2.05 This policy is enacted for the purpose of protecting the public health, promoting the local
economy, minimizing the need for future reclosing based on public health, and reducing
the demand that COVID-19 cases place upon the healthcare system.
Section 3. Face covering requirement
3.01 Definitions
City Policy Implementing Face Mask Requirements in City Facilities Page 2
1. For purposes of this ordinance “face covering” means a manufactured or
homemade cloth covering that fully covers an individual’s nose and mouth. Cloth
face coverings include surgical masks, N‐95 masks, but do not have to be hospital
grade, but need to cover the nose and mouth. The terms “mask” and “face
covering” are synonymous.
2. For purposes of this ordinance, a “space of public accommodation” means a
business, refreshment, entertainment or recreation facility, or an institution of any
kind, whether licensed or not, whose goods, services, facilities, privileges,
advantages, or accommodations are extended, offered, sold or otherwise made
available to the public. Examples include retail stores, rental establishments, city-
owned buildings, and service establishments as well as recreational facilities, and
service centers. This definition includes establishments and facilities that offer food
and beverage not for on-premises consumption, including grocery stores, markets,
convenience stores, pharmacies, drug stores, and food pantries.
3.02 Except as exempted by section 3.04 of this policy, all individuals must wear a face covering
in indoor areas accessible to the public within the city of Hopkins. Specific to the face
covering mandate in this section 3.02, the following shall also apply:
1. City-owned Gyms, fitness centers and sports facilities. Employees, staff,
participants and spectators are required to wear a face covering at all times when
the individual is indoors and within six feet of another person. Face masks are not
required for an individual while actively participating in permitted athletic activities.
Businesses must include the requirements of this ordinance in their COVID-19
Preparedness Plan.
2. Indoor entertainment venues, including theaters. All employees and customers
must wear face coverings when inside the entertainment venue and not seated in
their assigned seat; individuals speaking to an audience are not required to wear
a mask while speaking, as long as the speaker remains six feet or more away from
other individuals. All indoor entertainment venues must include the requirements
of this ordinance in their COVID-19 Preparedness Plan.
3. Indoor Common spaces in city owned multi-family residential buildings. Residents
of multi-family housing building and their guests, and tenants and employees shall
wear a face covering when in indoor common spaces such as hallways, corridors,
lobbies, restrooms, mail rooms, elevators, trash and recycling rooms, fitness
rooms, recreation rooms, laundry rooms and other space owned and used in
common by the residents, employees and tenants of the building; except, that an
individual within a fitness center is not required to wear a mask while actively
participating in permitted athletic activities.
4. City buildings. City employees and all other individuals must wear face coverings
within those portions of city-owned buildings that are open to the general public.
This paragraph does not apply to city-owned facilities that are otherwise covered
by paragraph 2, 3 or 4 above.
City Policy Implementing Face Mask Requirements in City Facilities Page 3
3.03 Other requirements:
1. Except for facilities exempted by section 3.02 of this ordinance, all employers of
businesses that are spaces of public accommodation, as defined by this ordinance,
shall require their employees to wear a face covering whenever such employees
have face-to-face contact with the public, unless other physical barriers are in
place or at least six feet of separation is maintained according to CDC guidelines.
2. Managers of property subject to this ordinance shall post written notice at all points
used by the public to access the property, notifying the public that face coverings
are required.
3.04 Exemptions. The following locations and individuals are exempted from this ordinance:
1. Facilities operated by the county, state or federal government or a political
subdivision of the state of Minnesota (other than facilities operated by the city of
Hopkins).
2. Children five (5) years of age and under.
3. Individuals actively eating or drinking.
4. Individuals temporarily removing the face covering for identification purposes.
5. Individuals unable to wear a mask due to medical, disability or developmental
reasons.
6. Individuals unable to remove their face covering without assistance.
7. Individuals speaking to someone who is deaf or hard of hearing and requires the
mouth to be visible to communicate effectively.
8. Participants actively participating in youth sports activities.
9. Places of worship, so long as these establishments have written COVID-19
Preparedness Plans that are in compliance with State Guidelines.
10. Public and private school facilities, so long as these establishments have written
COVID-19 Preparedness Plans that are in compliance with State Guidelines.
11. Individuals, with approval of the public accommodation, speaking to a group of
individuals, or testifying in front of an audience are not required to wear a mask
while speaking, as long as the speaker remains six feet or more away from other
individuals and other individuals are wearing masks.
12. Any public safety personnel actively engaged in an emergency response
situation.
City Policy Implementing Face Mask Requirements in City Facilities Page 4
13. Polling locations, no voter may be told to leave the premises for refusal to wear a
mask.
3.05 Enforcement.
1. Any individual who fails to comply with this ordinance must be asked to leave by
an authorized representative of the city. If the individual continues to refuse to
leave, law enforcement may enforce trespassing laws or any other law the
individual may violate. Staff may rely on an individual's statements if they claim to
be exempt from the ordinance due to medical, disability, or developmental
reasons.
2. An individual’s subsequent failure to comply with this ordinance may be subject to
the penalty provisions of City Code Sec. 1-20, which provides that violation of an
emergency regulation adopted by the city council is a misdemeanor offense.
Section 4. Recommendations
1. The requirement in this Order that face-coverings be worn in certain circumstances
is intended to add to (and not substitute for) other practices (such as hand washing,
staying home when sick, and maintaining appropriate physical distancing of at
least six feet) as recommended by public health officials to minimize the spread of
COVID-19.
2. It is recommended that any individual cover their nose and mouth with a mask or
a cloth face covering when in any indoor public space of accommodation and
physical distancing standards or at least six feet of separation cannot be
maintained among all individuals in accordance with CDC guidelines.
3. Businesses and organizations are encouraged to provide masks for customers at
no or nominal cost.
Section 5. Enforcement
This policy supersedes inconsistent or conflicting provisions of the City Code and any policy,
resolution or ordinance while this policy remains in effect. To the extent that this ordinance directly
conflicts with County, State or Federal ordinances, they would take precedence.
Section 6. Duration
This ordinance will expire on the earlier of:
1. February 28, 2022;
2. Upon the expiration of the local emergency to which it relates; or
3. Upon the issuance of an executive order by County, State or Federal mandates
the wearing of face coverings for any geographic area that includes Hennepin
County, Minnesota.
City Policy Implementing Face Mask Requirements in City Facilities Page 5
Section 7. Effective Date
Adopted by the City Council of the City of Hopkins, Minnesota, on January 11, 2021.
Patrick Hanlon, Mayor
Attest:
Amy Domeier, City Clerk