V.1. Cannabis Business Regulations Code Amendment
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P&Z Report 2024-07
To: Planning and Zoning Commission Members
From: Ryan Krzos, City Planner
Date: November 26, 2024
Subject: Request for Recommendation on Proposed Cannabis Business
Regulations
_____________________________________________________________________
REQUEST
Staff drafted the attached City Code amendment (Ordinance 2024-1216) to create
regulations for the soon-to-be allowed cannabis businesses within Hopkins. The
Planning and Zoning Commission is asked to provide a recommendation to the City
Council on the proposed Code Amendment.
RECOMMENDATION
The Planning and Zoning Commission is asked to:
1. Hold a Public Hearing on the Cannabis Regulations for anyone at the meeting
to comment.
2. Consider comments by the public and Staff.
3. By motion, approve the attached Planning and Zoning Resolution 2024-15
recommending the City Council adopt the Cannabis Regulations Development
Code Amendment.
ANALYSIS
Amendment Details:
The new Ordinance will establish where cannabis uses will be allowed; standards
associated with those uses; registration procedures for retail sales; and compliance
and enforcement provisions. In doing so, the amendment does the following:
1. Creates a cannabis business use group, with the categories noted below, which
cover all of the state-licensed business types:
• Cannabis Retail - Businesses that sell cannabis and hemp products.
Includes, accessory delivery, and, where allowed, on-site consumption of
edible products.
Planning & Development
CITY OF HOPKINS
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• Cannabis Cultivation - Businesses that grow cannabis.
o Small-Scale: Up to 5,000 sq. ft. of cannabis cultivation.
o Large-Scale: greater than 5,000 sq. ft. of cannabis cultivation.
5,000 sq. ft. is the threshold for microbusiness which are meant to
be the microbrewery equivalent of cannabis.
• Cannabis & Hemp Product Manufacturing – Businesses that make
cannabis products.
o Small-Scale: up to 5,000 sq. ft. of manufacturing area.
o Large-Scale: up to 5,000 sq. ft. of manufacturing area and/or a facility
that manufactures concentrates, an activity typically associated with
stricter building code requirements.
• Cannabis Wholesale & Transportation - Businesses that delivery, transport
or wholesale cannabis.
• Cannabis Testing and Cannabis Event Organizer - added as office uses.
2. Assigns the uses as allowed in these zones:
Table 5-1. Principal Use Table ZONES
Reference MX
-TO
D
MX
-D
MX
-N
MX
-S
RX
-TO
D
RX
-D
RX
-N
IX
-TO
D
I-TO
D
IX
-S
I1
N, N
X
,
P
Z
o
n
e
s
OTHER 102-570
Cannabis Businesses
Cannabis & Hemp Retail ● ● ● ● ◐ ◐ ◐ ◐ – – – – 102-580 (p)
Cannabis Cultivation, Small-scale ● ● ● ● ◐ ◐ ◐ ● ● ● ● – 102-580 (p)
Cannabis Cultivation, Large-scale – – – – – – – ● ● ● ● – 102-580 (p)
Cannabis & Hemp Product
Manufacturing, Small-scale ● ● ● ● ◐ ◐ ◐ ● ● ● ● – 102-580 (p)
Cannabis & Hemp Product
Manufacturing, Large-scale – – – – – – – ● ● ● ● – 102-580 (p)
Cannabis Wholesale & Transportation – – – – – – – – ● ● ● –
KEY: ● = Permitted ◓ = Permitted in Upper Stories Only ◐ = Limited to No More than 25% of Building Area ◑ = Limited on first floor to buildings on the interior of a block see 102-580 (d) ○ = Requires Conditional Use Approval – = Prohibited
3. Establishes standards for specific business types:
• Retail
o Hours of sales
Monday through Saturday: 8:00am to 10:00pm.
Sunday: 10:00am to 10:00pm.
− Aligns to off-sale liquor sales hours to the closest extent allowed
under state law.
o Buffers
500 ft. between cannabis retail locations
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− Seeks to space out retail locations throughout the city rather
than having a concentration in a certain area.
350 ft. between a retail location and schools or an attraction within
a public park that is regularly used by minors, including a
playground or athletic field.
− Seeks to discourage access or interest of youth community
members.
Buffers would not apply to hemp derived edibles.
− No issues with sales currently and no buffers are in place.
o Signage: retail businesses are allowed up to two signs in compliance with
the current sign standards.
Seeks to balance need to advertise business and discouraging
access or interest of youth community members
• Cultivation
o Submit operations plan: This plan is required in accordance with the draft
administrative rules. The plan outlines facility’s size, layout, ventilation,
utilities, waste, storage, and security measures.
o Odor Control: Ventilation systems required.
o Artificial Lighting: growing lights restricted to daylight hours.
o Waste: Must be secure and in accordance with state and federal law.
• Manufacturing
o Submit operations plan: similar to what is required for cultivation.
o Odor Control: Ventilation systems required
o Indoor operations: all activity must be indoors.
o Waste: Must be secure and in accordance with state and federal law.
4. Creates registration and compliance requirements
• Process. Retail cannabis businesses must register with the city before selling
products. The City certifies that a cannabis business complies with zoning,
building, and fire codes before the state can issue a license. Potential
licensees must obtain zoning approval before certification. The City also
conducts a compliance check before registration approval.
• Number. A proposed limit of three cannabis retailer registrations in the city,
with applications processed on a first-come, first-served basis.
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o The Council directed staff to develop a recommended number of retail
registrations generally between three to five. Staff is proposing three; as the
modeling that the City of Wayzata conducted for a municipal dispensary
assumed a local capture of 1/3 of their market area. Knowing there likely will
be competition from outside of Hopkins, capping retail at three may
potentially prevent oversaturation.
• Complaints, Penalties, and Enforcement.
o The City may any file complaints with the OCM if a cannabis business
violates regulations or poses a public safety threat.
o Violations of the ordinance are misdemeanors, and fines or suspensions
may be imposed on non-compliant businesses.
o Failure to resolve violations may lead to suspension of business registration.
Rationale:
• Hopkins cannot not ban the types of cannabis businesses or activities
authorized by State law and licensed by OCM.
• The City does have the ability to direct the location of cannabis business and
address any impacts of new cannabis business facilities, though zoning,
registration, and compliance.
• Hopkins is generally required to accommodate each of the licensed business
types, but can:
o Set buffering distances from sensitive land uses up to a certain distances.
Proposed buffers were directed through discussions with the City
Council.
o Impose certain performance standards to prevent nuisances and land use
incompatibility.
Proposed performance standards for cultivation and manufacturing
address potential issues with odor and lighting.
• The City Council directed staff to assign zones for the new businesses in
accordance with the most similar existing use.
o Cannabis retail is allowed where general retail is allowed.
o Small-scale cultivation and manufacturing are allowed where artesian
manufacturing is allowed.
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o Large-scale cultivation and manufacturing are allowed where more intense
industrial uses are allowed.
Background:
2022 – The Minnesota Legislature legalized the sale and use of edible cannabinoid
products.
2023 – The Legislature established Chapter 342 of Minnesota state law, known as
the Adult-Use Cannabis Law. Included in the new law is the creation of the
Office of Cannabis Management (OCM) that will be responsible for licensing
all cannabis-related businesses.
Hopkins adopted a moratorium on any cannabis business that expires at the
end of 2024 to allow time to study and adopt regulations.
2024 – The regulations were revised during the legislative session. OCM, in
collaboration with the League of Minnesota Cities and other groups,
establishes model regulations for cities.
At the August 20, 2024 and September 18, 2024 City Council meeting, staff
presented a summary of legislation and sought feedback on policy matters
that will be addressed in an Ordinance.
2025 – January 1, 2025 – The city’s cannabis business moratorium expires.
Cannabis businesses cannot operate until the OCM begins issuing licenses,
which is anticipated in early 2025 (following a rulemaking process).
Review Criteria:
Staff finds that the proposed code amendment meets the criteria for approval. In
making decisions about development code text amendments, the City must consider
all relevant factors, including at least the following two criteria:
1. Whether the proposed development code text amendment is in conformity
with the comprehensive plan
The development code amendment is consistent with the following goals
and policies of the 2040 Comprehensive Plan:
Land Use
Goal 1 - Welcome growth to the city by directing … employment to the
city’s mixed use centers and employment districts, allowing for the
continuation of the scale and character of Hopkins’ existing
neighborhoods.
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− Policy: Encourage the development of housing and employment in
Neighborhoods, Centers, and Districts future land use categories,
as defined and designated in the comprehensive plan.
Goal 3 - Maintain and diversify the city’s strong employment base.
− Policy: Support small local businesses, particularly in the Centers
future land use categories as defined and designated in the
comprehensive plan.
Economic Competitiveness
Goal 2 - Support a healthy, diverse mix of businesses in Hopkins.
− Policy: Promote the development of business start-ups and
entrepreneurial activities in Hopkins, and encourage small
businesses in appropriate areas throughout the city.
2. Whether the proposed development code text amendment corrects an error
or inconsistency or will help meet the challenge of a changed or changing
condition.
The development code amendment meets the challenge of a changed
condition with a legalized cannabis industrial in Minnesota.
Alternatives:
Development Code Text Amendments are considered legislative action. The City has
a wide degree of discretion in creating legislation, but it must be reasonable and
promote public health, safety, and/or general welfare.
The Planning and Zoning Commission could consider the following alternatives:
• Recommend modifications the proposal – Options include changes to:
o The zones where the types of businesses are allowed
o Buffer distances
o Hours of operation
o Add/modify/remove performance standards
• Recommend denial of the proposal
Community Input and Engagement:
• No community members commented on the draft text amendment as of the
writing of this report.
• Staff will provide an update to the Planning and Zoning Commission on all
public comments received during the public hearing.
Engagement Activities:
• The Planning and Zoning Commission’s public hearing.
• Published notice of this public hearing in the City’s official paper.
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NEXT STEPS
The City Council will consider the Planning and Zoning Commission’s
recommendation at the December 10th meeting. The Council may vote to approve a
first reading of the Ordinance. A second reading of the Ordinance is required to make it
official. This timeline allows the new code to be in place when the City’s Moratorium
ends on January 1, 2025.
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CITY OF HOPKINS
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 2024-1216
AN ORDINANCE AMENDING THE HOPKINS CITY CODE ESTABLISHING
REGULATIONS RELATED TO CANNABIS AND HEMP BUSINESSES
THE CITY COUNCIL OF THE CITY OF HOPKINS HEREBY ORDAINS:
SECTION 1. Amending Chapter 10 of the Hopkins City Code to add a new Article XVIII
titled Cannabis and Hemp Businesses, as follows:
ARTICLE XVIII. – CANNABIS AND HEMP BUSINESSES
Sec. 10-650. - Findings and Purpose
The City of Hopkins makes the following legislative findings: The purpose of this
ordinance is to protect the public health, safety, welfare in the City by implementing
regulations pursuant to Minnesota Statutes, chapter 342 related to cannabis and hemp
businesses within the City. The City finds and concludes that these regulations are
appropriate and lawful, that the proposed amendments will promote the community's
interest in reasonable stability in the development and redevelopment of the City for now
and in the future, and that the regulations are in the public interest and for the public good.
Sec. 10-651. - Definitions
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this article, except where the context clearly indicates a
different meaning. Additionally, the words and phrases used in this article which are
defined in Minnesota Statutes, Section 342.01 and the rules promulgated pursuant to
Minnesota Statutes, Chapter 342, shall have the meanings ascribe to them in those
statutes and rules.
Applicant means an entity with a license or endorsement issued by the OCM that is
applying for an initial registration or for registration renewal.
The Act means Minnesota Statutes, Chapter 342, as it may be amended from time to
time.
Cannabis Business has the same meaning as defined in Minnesota Statutes, section
342.01.
Cannabis Retailer means a business with a cannabis retailer license or cannabis retail
endorsement from OCM.
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OCM means the Minnesota Office of Cannabis Management.
Park Feature means an attraction within a public park that is regularly used by minors,
including a playground or athletic field.
Potential Licensee means an entity that has not received a license from the OCM and is
seeking a pre-license zoning certification.
Retailer means every business that is licensed under the Act and required to register with
the city under Minnesota Statutes, section 342.22. Including cannabis businesses and
lower-potency hemp edible retailers.
School means a public school, as defined in Minnesota Statutes, section 120A.05,
subdivisions 9, 11, 13, and 17, or a nonpublic school, or church or religious organization
in which a child is provided instruction in compliance with this section and section
120A.24, but does not include a home school.
Sec. 10-652. - Pre-License Zoning Certification of Cannabis Businesses
(a) The City Manager, or designee, is authorized to certify whether a proposed
cannabis business complies with the city’s zoning ordinances, this article, and if
applicable, with state fire code and building code pursuant to Minnesota Statutes,
section 342.13.
(b) Potential licensees are responsible for obtaining all necessary zoning approvals
prior to the city receiving the request for certification from the OCM. If a potential
licensee fails to obtain necessary zoning approvals prior to the city receiving a
request for certification, the city will inform the OCM that the potential licensee
does not meet zoning and land use laws. If, at the time the city receives a request
for zoning certification, there are no further intended alterations to the building
where the business is to be conducted, the city will also certify compliance with
building and fire code regulations, provided that the potential licensee has obtained
inspections prior the city’s receipt of a request for certification from the OCM.
Building and fire code inspections will be valid for 1 year from completion.
Sec. 10-653 Distance Requirements
(a) The city prohibits the establishment and operation of a cannabis retailer within the
following buffer zones:
• 350 from a school
• 350 feet from an attraction with a park feature
• 500 feet from another cannabis retailer
(b) The buffers in this section will be measured from the potential licensee’s proposed
business location based on the location of schools, park features, and cannabis
retailers on the date the city receives the request from the OCM for certification
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pursuant to section 10-652. Buffer distances will be measured from the property
line of the proposed cannabis retailer to the property line of a school or cannabis
retailer, and the border line of a park feature.
(c) Nothing in this section shall prohibit a cannabis retailer from continuing to operate
at the same location if a school or park feature establishes within the buffer zone.
Sec. 10-654. - Retailer Registration
(a) Retail Registration Required. Before making retail sales to customers or patients,
a retailer must register with the city. Making retail sales to customers or patients
without an active registration is prohibited. Subject to Minn. Stat. 342.22, subd.
5(e) the city may impose a civil penalty, as specified in the city’s fee schedule, for
making a sale to a customer or patient without a valid registration from the city and
a valid license from the OCM.
(b) Cannabis Retail Registration Limits.
(1) The city will issue three (3) registrations to cannabis retailers.
(2) Registrations issued to businesses with a license preapproval will count toward
the city’s registration limit.
(c) Processing Registrations.
(1) Applications will be processed on a first-come, first-served basis based on the
city receiving a complete application. Applications will be considered complete
when all materials in Section 10-654 (d) are received by the city and include all
required information and the require registration or renewal fee is received
(2) The date a certification under Section 10-652 is issued will have no impact on
the applicant’s registration processing.
(d) Application. The applicant must submit a registration application or renewal form
provided by the city. The form may be amended from time to time by the City Clerk,
but must include or be accompanied by:
(1) Name of the property owner.
(2) Name of the applicant.
(3) Address and parcel ID for the property for which the registration is sought.
(4) Certification that the applicant complies with the requirements of this article.
(5) Fee Required. At the time of initial application, and prior to the city’s
consideration of any renewal application, each Retailer must pay fees or initial
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registration and renewal as established in the city’s fee schedule. Initial
registration fees and renewal registration fees are nonrefundable.
(6) Proof of taxes, assessments, utility charges or other financial claims of the city
or the state are current for both the applicant and the proposed location.
(7) A copy of a valid state license or written notice of OCM license preapproval.
(e) Preliminary Compliance Check. Prior to issuing any retail registration, the city shall
conduct a preliminary compliance check to ensure compliance with this article and
any other regulations established pursuant to Minnesota Statutes, section 342.13.
(f) Reasons for Denial. The city shall not issue a registration or renewal if any of the
following conditions are true:
(1) The applicant has not submitted a complete application.
(2) The applicant does not comply with the requirements of this article.
(3) The applicant does not comply with applicable zoning and land use
regulations.
(4) The applicant is found to not comply with the requirements of the Act or this
article at the preliminary compliance check.
(5) The applicant is not current on all property taxes and assessments at the
location where the retailer is located.
(6) The maximum number of registrations, pursuant to Section 10-654 (b), have
been issued by the city.
(7) The applicant does not have a valid license from the OCM.
(g) Issuing the Registration or Renewal. The city shall issue the registration or renewal
if the Retailer meets the requirements of this article, including that none of the
reasons for denial in Section 10-654 (f) are true.
(h) Nontransferable. A registration is not transferable to another person, entity, or
location.
(i) Registration Enforcement.
(1) Generally. The city council may impose a fine or suspend a registration
under this article on a finding that the registered business has failed to
comply with the requirements of this article or any applicable statute or
regulation.
(2) Notice and Right to Hearing. Prior to imposing a fine or suspending any
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registration under this article, the city shall provide the registered
business with written notice of the alleged violations and inform the
registered business of his or her right to a hearing on the alleged violation.
a. Notice shall be delivered in person or by regular mail to the address
of the registered business and shall inform the registered business of
its right to a hearing. The notice will indicate that a response must be
submitted within ten (10) business days of receipt of the notice, or the
right to a hearing will be waived.
b. The registered business will be given an opportunity for a hearing
before the city’s hearing officer before final action to fine or suspend
a registration. Provided, the registered business has submitted a
written application for appeal within 10 business days after the notice
was served. The hearing officer shall give due regard to the
frequency and seriousness of the violations, the ease with which such
violations could have been cured or avoided and good faith efforts to
comply and shall issue a decision to fine or suspend the registration
only upon written findings. Within ten (10) business days of the
hearing officers order, the decision may be appealed to the city
council.
c. If no request for a hearing is received within ten (10) business days
following the service of the notice, the matter shall be submitted to
the city council for imposition of the fine or suspension of the
registration.
(3) Emergency. If, in the discretion of the City Manager, a registered
business poses an imminent threat to the health or safety of the public,
the City Manager may immediately suspend the registration and provide
notice of the right to hold a subsequent hearing as prescribed in part (2)
of this section.
(4) Reinstatement. The city may reinstate a registration if it determines that
the violations have been resolved. The city shall reinstate a registration
if the OCM determines the violations have been resolved.
Sec. 10-655. - Compliance Checks
The city shall complete at minimum one compliance check per calendar year of every
registered business to assess if the business meets age verification requirements, as
required under Minn. Stat. 342.22, subd. 4(b), and any applicable cannabis or hemp
regulations adopted by the city.
Age verification compliance checks shall involve persons at least 17 years of age but
under the age of 21 who, with the prior written consent of a parent or guardian if the
person is under the age of 18, attempt to purchase adult-use cannabis flower, adult-use
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cannabis products, lower-potency hemp edibles, or hemp-derived consumer products
under the direct supervision of a law enforcement officer or an employee of the city.
Any failures under this section are a basis for enforcement action and must be reported
to the OCM.
Sec. 10-656. - Hours of Operation. Cannabis Retailers may only make retail sales of
cannabis, cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-
derived consumer products between the hours of 8:00am-10:00pm Monday-Saturday;
and 10:00am-10:00pm on Sunday.
Sec. 10-657. - Cannabis Business Complaints
The City Manager is authorized to make complaints to the OCM related to any cannabis
business the city believes is in violation of the act or the administrative rules adopted
pursuant thereto. The City Manager is also authorized to file a complaint against a
cannabis business that poses an immediate threat to the health or safety of the public
and request immediate action by the OCM.
Sec. 10-658. - Penalties Administration and Enforcement
Any violation of the provisions of this article or failure to comply with any of its
requirements constitutes a misdemeanor and is punishable as defined by law. Each day
each violation continues or exists, constitutes a separate offense. Violations of this
ordinance can occur regardless of whether or not a permit is required for a regulated
activity listed in this ordinance. Violations of this article may also be addressed under City
Code, Chapter 2, Article VII – Administrative Penalties.
Violation of this article shall be grounds for enforcement against any business license
issued by the City of Hopkins.
Sec. 10-659. - Severability
If any section, clause, provision, or portion of this article is adjudged unconstitutional or
invalid by a court of competent jurisdiction, the remainder of this art shall not be affected
thereby.
SECTION 2. Article 5, Section 102-510 (a), Table 5-1 is hereby amended by adding the
double-underlined language, as follows:
ZONES
Reference MX
-TO
D
MX
-D
MX
-N
MX
-S
RX
-TO
D
RX
-D
RX
-N
IX
-TO
D
I-TO
D
IX
-S
I1
N1,
N2
N3
-A
N3
-B
NX
1
NX
2
P1
P2
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Table 5-1. Principal Use Table
RESIDENTIAL 102-530
Household Living, 1 unit ◓ ◓ ◓ ◓ ● ● ● – – – – ● ● ● ● ● – –
Household Living, 2 units ◓ ◓ ◓ ◓ ● ● ● – – – – – ● ● ● ● – –
Household Living, 3–4 units ◓ ◓ ◓ ◓ ● ● ● – – – – – – – ● ● – –
Household Living, 5+ units ◓ ◓ ◓ ◓ ● ● ● – – – – – – – – ● – –
Manufactured Home Park – – – – – – – – – – – – ○ ○ ○ ○ – –
Group Living (except as below) ◓ ◓ ◓ ◓ ● ● ● – – – – – – – ○ ○ – –
Residential Facility, Small ● ● ● ● ● ● ● – – – – ● ● ● ● ● – – 102-580 (h)
Residential Facility, Large ○ ○ ○ ○ ○ ○ ○ – – – – – – – ○ ○ – – 102-580 (h)
COMMERCIAL 102-540
Adult-Oriented Business – – – ● – – – – – ● ● – – – – – – –
Animal Boarding – – – – – – – ● ● ● ● – – – – – – –
Consumer Service ● ● ● ● ◐ ◐ ◐ ◐ ● ● ● – – – – – – ◐
Day Care, Adult ● ◓ ● ● ◐ ◐ ◐ ◐ ● ● – – – – ○ ○ – ●
Day Care, Small ● ◓ ● ● ◐ ◐ ◐ ◐ – – – ● ● ● ● ● – –
Day Care, Large ● ◓ ● ● ◐ ◐ ◐ ◐ – – – – – – ○ ○ – –
Entertainment Venue, Large – – – ● – ● – ● – ● – – – – – – ○ ●
Funeral & Mortuary Service – – – – – – – – – – – – – – – – – –
Lodging (except as below) ● ◓ ◓ ● ● ● ● – – ● – – – – – – – –
Short-Term Rental ◓ ◓ ◓ ◓ ● ● ● – – – – ○ ○ ○ ○ ○ – – 102-580 (h)
Office ◑ ◑ ● ● ● ● ● ● ● ● ● – – – – – – – 102-580 (d)
Personal Credit Establishment ○ – – ○ – – – – – – – – – – – – – – 102-580 (g)
Retail & Entertainment (except as
below) ● ● ● ● ◐ ◐ ◐ ◐ – – – – – – – – – ◐
Brewpub – ● ● ● – ◐ ◐ – – – – – – – – – – – 102-580 (a)
Firearms Sales Establishment – – – ○ – – – – – – – – – – – – – – 102-580 (b)
Liquor Sales, Off-Sale ● ● ● ● ◐ ◐ ◐ ◐ – – – – – – – – – – 102-580 (e)
Tobacco Sales Establishment ● ● ● ● ◐ ◐ ◐ ◐ – – – – – – – – – – 102-580 (j)
Self-Service Storage – – – – – – – ○ – – ○ – – – – – – – 102-580 (l)
Vehicle Sales & Service (except as
below) – – – ○ – – – – ○ ○ ○ – – – – – – – 102-580 (n)
Major Vehicle Repair &
Maintenance – – – – – – – – ○ ○ – – – – – – – 102-580 (n)
MANUFACTURING & INDUSTRY 102-550
Manufacturing, Artisan ● ● ● ● ◐ ◐ ◐ ● ● ● ● – – – – – – –
Manufacturing, Limited – – – – – – – ● ● ● ● – – – – – – –
High-Impact Industry – – – – – – – – – – ● – – – – – – –
Urban Farm – – – – – – – ● ● ● ● – – – – – ● – 102-580 (l)
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Warehousing & Distribution – – – – – – – – ● ● ● – – – – – – –
CIVIC & INSTITUTIONAL 102-560
College ◓ ◓ ◓ ◓ ● ● ● ● – – – – – – – – – ●
Community Assembly ◓ ◓ ◓ ◓ ● ● ● – – – – – – – – – – ○
Cultural Facility ● ● ● ● ● ● ● ● ● ● – – – – – – ● ●
Community Garden ● – ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● 102-580 (c)
Detention or Correctional Facility – – – – – – – – – – – – – – – – – ○
Hospital – – – – ○ ○ – – – – – – – – – – – ●
Parks and Open Space – – ● ● ● ● ● ● ● ● ● ○ – – – – ● ● 102-580 (f)
School ◓ ◓ ◓ ◓ ● ● ● – – – – – – – – – – ○
Utilities & Services, Minor ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● 102-580 (m)
Utilities & Services, Major ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ 102-580 (m)
OTHER 102-570
Wireless Communication Facility 102-580 (o)
Tower – – – – – – – – – – ○ – – – – – – – 102-580 (o)
Cannabis Businesses
Cannabis & Hemp Retail ● ● ● ● ◐ ◐ ◐ ◐ – – – – – – – – – – 102-580 (p)
Cannabis Cultivation, Small-scale ● ● ● ● ◐ ◐ ◐ ● ● ● ● – – – – – – – 102-580 (p)
Cannabis Cultivation, Large-scale – – – – – – – ● ● ● ● – – – – – – – 102-580 (p)
Cannabis & Hemp Product
Manufacturing, Small-scale ● ● ● ● ◐ ◐ ◐ ● ● ● ● – – – – – – – 102-580 (p)
Cannabis & Hemp Product
Manufacturing, Large-scale – – – – – – – ● ● ● ● – – – – – – – 102-580 (p)
Cannabis Wholesale &
Transportation – – – – – – – – ● ● ● – – – – – – –
KEY: ● = Permitted ◓ = Permitted in Upper Stories Only ◐ = Limited to No More than 25% of Building Area ◑ = Limited on first floor to buildings on the interior of a block see 102-580 (d) ○ = Requires Conditional Use Approval – = Prohibited
SECTION 3. Article 5, section 102-540 (h) of the City of Hopkins Development Code is
amended by the following double-underlined language, as follows:
102-540 (h) OFFICE
f. Research Service. Establishments engaged in scientific research and testing
services leading to the development of new products and processes. Licensed
cannabis testing facilities that comply with all provisions in Minnesota
Statute section 342.38 are classified as research service uses. Uses that
involve the mass production, distribution or sale of products or that produce
odors, dust, noise, vibration or other external impacts that are detectable beyond
the property lines of the subject property are classified in the limited
manufacturing use category (see 102-550).
SECTION 4. Article 5, section 102-570 of the City of Hopkins Development Code is
amended by the following double-underlined language, as follows:
102-570 Other Uses
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102-570 (b) Cannabis Businesses
(1) Description. The cannabis business use group includes cannabis and hemp
businesses, as defined in Minnesota State Section 342.01, involving the
cultivation, propagation, transportation, manufacture, processing, extraction,
creation, testing, packaging, labeling, wholesaling, and retail sale of products
as authorized under Minnesota Statutes Chapter 342. Such cannabis and hemp
establishments are subject to the requirements of State Law and regulations
as established by the State of Minnesota Office of Cannabis Management.
a. Cannabis and Hemp Retail. A cannabis retailer and the retail location(s)
of a mezzobusinesses with a retail operations endorsement,
microbusinesses with a retail operations endorsement, medical
combination businesses operating a retail location, or lower-potency
hemp edible retailers, as defined under Minn. Stat. 342.01. Such uses
are subject to the supplemental use regulations of 102-580 (p).
b. Cannabis Production and Manufacturing. A licensed cannabis business
involved in the cultivation, manufacture, transportation, and
wholesaling of cannabis. The production and manufacturing use
category includes the following subcategories:
1. Cannabis Cultivation. A cannabis business licensed to grow
cannabis plants within the approved amount of space from seed or
immature plant to mature plant, harvest cannabis flower from
mature plant, package and label immature plants and seedlings
and cannabis flower for sale to other cannabis businesses,
transport cannabis flower to a cannabis manufacturer located on
the same premises, and perform other actions approved by the
Minnesota Office of Cannabis Management. Such uses are subject
to the supplemental use regulations of 102-580 (p). Cannabis
cultivation includes the following:
i. Large-Scale Cultivation. A facility with greater than 5,000 sq.
ft. of cannabis cultivation.
ii. Small-Scale Cultivation. A facility with up to 5,000 sq. ft. of
cannabis cultivation.
2. Cannabis and Hemp Manufacturing. A cannabis business or hemp
business that is licensed to manufacture products exclusive to
such license type. Cannabis and Hemp manufacture are subject to
the supplemental use regulations of 102-580 (p), and include the
following:
i. Small-Scale Cannabis and Hemp Manufacturing. A facility,
with up to 5,000 sq. ft. of cannabis manufacturing floor area,
except for facilities that include extraction and concentration.
ii. Large-Scale Cannabis and Hemp Manufacturing. A facility,
with over 5,000 sq. ft. of cannabis manufacturing floor area.
Also includes any facility licensed or authorized to
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manufacture cannabis products that creates cannabis
concentrate, hemp concentrate, or artificially derived
cannabinoids.
3. Cannabis Wholesale and Transportation. A cannabis business
licensed to transport, deliver, or wholesale cannabis and cannabis
products.
SECTION 5. Article 5, section 102-580 of the City of Hopkins Development Code is
amended by the following double-underlined language, as follows:
102-580 Supplemental Use Regulations
102-580 (p) Cannabis Business Uses
(1) Cannabis & Hemp Retail. Cannabis and Hemp Retail uses are subject to the
following supplemental use regulations:
a. Setbacks as established in City Code, section 10-653.
b. Retailers are permitted to erect up to two fixed signs on the exterior of
the building or property of the business, in compliance with the
regulations of Article 10.
c. Accessory Delivery of cannabis and cannabis products is allowed
provided the business is licensed for such activity.
d. An Accessory Lounge is allowed for a cannabis microbusiness
business with an on-site consumption endorsement. An Accessory
lounge means a portion of the premise for consumption of edible
cannabis products and lower-potency hemp edibles.
e. Requirements established in City Code, Chapter 11, Article XVIII.
(2) Cannabis Cultivation. Cannabis cultivation uses are subject to the following
supplemental use regulations:
a. Submittal of a required cultivation plan and operation plan prior to
commencement of activities.
b. Artificial lighting utilized as part of the cultivation process shall not be
illuminated in a manner that is visible from neighboring properties
between sunset and sunrise.
c. The facility shall be equipped with odor control filtration and ventilation
system(s) to control odors, humidity, and mold.
d. Disposal of waste must meet all State and Federal guidelines. Waste
must be maintained in a secure location until removed from the
location.
(3) Cannabis and Hemp Manufacturing. Large-Scale and small-scale Cannabis and
Hemp Manufacturing uses are subject to the following supplemental use
regulations:
a. Submittal of a required manufacturing plan prior to commencement of
activities.
b. All operations of the business shall take place within an enclosed
building. No exterior storage is allowed.
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c. The facility shall be equipped with odor control filtration and ventilation
system(s) to control odors, humidity, and mold.
d. Disposal of waste must meet all State and Federal guidelines. Waste
must be maintained in a secure location until removed from the
location.
SECTION 6. Article 6, section 102-650 of the City of Hopkins Development Code is
amended by the following double-underlined language, as follows:
102-650 Home Occupations
102-650 (f) PROHIBITED USES
The following uses are expressly prohibited as home occupations:
(1) Any type of assembly, cleaning, maintenance, painting or repair of vehicles or
equipment with internal combustion engines or of large appliances (such as
washing machines, clothes dryers or refrigerators);
(2) Dispatch centers or other businesses where employees come to the site and are
dispatched to other locations;
(3) Equipment or supply rental businesses;
(4) Firearms and ammunition sales;
(5) Adult-oriented businesses (as defined in Sec. 10-495(b) of the Hopkins City Code);
(6) Taxi, limo, van or bus services;
(7) Tow-truck services;
(8) Restaurants;
(9) Funeral or interment services;
(10) Animal care, shelter or boarding establishments;
(11) Commercial food preparation;
(12) Massage therapy;
(13) Cannabis and Hemp Businesses
(14) Any use involving the use or storage of vehicles, products, parts, machinery or
similar materials or equipment outside of a completely enclosed building; and
(15) Any home-based work activity that does not comply with regulations of this section.
SECTION 7. INTERIM ORDINANCE TERMINATION. Upon the Effective Date of this
Ordinance,______ Interim Ordinance shall automatically terminate.
SECTION 8. EFFECTIVE DATE. The effective date of this ordinance shall be the date of
publication.
First Reading: December 10, 2024
Second Reading: December 17, 2024
Date of Publication: December 26, 2024
Date Ordinance Takes Effect: December 26, 2024
By:
____________________________
Patrick Hanlon, Mayor
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ATTEST:
______________________________
Amy Domeier, City Clerk
CITY OF HOPKINS
HENNEPIN COUNTY, MINNESOTA
PLANNING & ZONING COMMISSION RESOLUTION NO. 2024-15
A RESOLUTION RECOMMENDING THE CITY COUNCIL APPROVE AN ORDINANCE
AMENDING THE HOPKINS CITY CODE RELATED TO CANNABIS BUSINESSES
WHEREAS, City staff has drafted an ordinance regulating uses related to sales,
cultivating, manufacturing, and distribution of cannabis and cannabis products; and
WHEREAS, the procedural history of the Code Amendment is as follows:
1. That the above stated Code Text Amendment was initiated by the City; and,
2. That the Hopkins Planning & Zoning Commission, pursuant to published notice, held
a public hearing on the application and reviewed said amendment on November 26,
2024 and all persons present were given an opportunity to be heard; and,
3. That written comments and analysis of City staff were considered; and,
WHEREAS, staff recommended approval of the above stated application based on the
findings outlined in the Planning & Zoning Report 2024-07 dated November 26, 2024.
NOW, THEREFORE, BE IT RESOLVED that the Planning & Zoning Commission of the
City of Hopkins hereby recommends the City Council of the City of Hopkins approve an
ordinance amending the Hopkins City Code related to cannabis businesses.
Adopted this 26th day of November 2024.
__________________________________
Whitney Terrill, Chair