MORGAN -- A convicted sex offender faces prosecution if he does not shut down his coffee shop and leave the county by Jan. 15, 2013, according to Morgan County Attorney Jann Farris.
Melvin Lee Kellogg, 37, is charged with failure to register as a sex offender, a third-degree felony. As a sex offender, he is also charged with violating regulations that forbid him to visit a protected area, a Class A misdemeanor.
Kellogg, his attorney Randall D. Cox, and Farris reached the get-out-of-town agreement at a preliminary hearing on Oct. 24 in 2nd District Court in Morgan.
If Kellogg "wants the charges to go away," he will be gone by the Jan. 15 deadline, Farris said. As part of the agreement, he may not open another business in Morgan or live in the county.
Farris added that his primary job is to protect Morgan County citizens.
Kellogg owns Liquifaction Internet Cafe & Smoothies, a downtown coffee shop at 125 N. State St. He had no comment about the charges and the agreement.
The Utah Department of Corrections website shows Kellogg was in prison from 1998 to 2006 on three counts of sexual exploitation of a minor, a second degree felony. A 1998 newspaper article reports Kellogg was charged after Logan detectives set up a sting operation that led Kellogg to believe he was meeting a 13-year-old boy at the public library, with whom he had engaged in a two-and-a-half month online correspondence. At the time of his arrest, Kellogg was carrying a floppy disk with image files of minor boys engaged in sexual acts.
The newspaper reported the Cache County Attorney's Office dropped six other charges of sexual exploitation of a minor and agreed not to seek charges in federal court as part of a plea bargain.
There are no known Morgan County victims, Farris said.
Kellogg presently faces stalking charges in Summit County, Summit County Attorney David Brickey said Wednesday. That case is scheduled to be heard in front of Judge Todd M. Shaughnessy on Dec. 17 in 3rd District Court, but Kellogg's attorney is expected to file a motion to suppress by Nov. 23.
The investigation that prompted the failure to register charges began in mid-June after someone sent an anonymous letter to the county, said Morgan County Sheriff's Sgt. Jason Lee, who oversees the sex offender registry for the county.
Shortly after that, Kellogg sold smoothies in the park on the Fourth of July weekend, Lee said, which violated the prohibition against entering protected areas -- in this case, a park. Charges were filed against Kellogg on July 16.
The State of Utah requires registered sex offenders to give up-to-date information about where they are employed, and their phone numbers, addresses and cars. It also restricts offenders' Internet access, and forbids them from socializing or operating a business for minors, Lee said.
Kellogg's Morgan city business license was filed under the name of a pizzeria, where he had worked as a manager, Lee said, although that complication may have arisen because that business was a Limited Liability Corporation and Kellogg wished to retain that legal designation. Since Kellogg runs a coffee shop that features Internet access, it can be argued he may need to use that utility for business purposes, Lee said.
Kellogg also failed to provide an accurate phone number, Lee said, and listed a Coalville address, which was also incorrect.
However, Kellogg did provide accurate information about what kind of car he was driving, Lee said.