Businessman Tom Kerr intends to keep operating Crystal City Underground, his attorney says, despite a Jefferson County Municipal Court ruling finding Kerr guilty of violating a county ordinance and ordering him to shut down, with the threat of jail time if he doesn’t.
Kerr’s attorney, Bob Kister, said he is appealing that conviction in Jefferson County Circuit Court, as well as an earlier one from August 2014.
In the more recent case, Kerr was sentenced on Feb. 25 to two years’ probation tied to a 60-day jail sentence if he violates the probation. In other words, if he continues to operate his business, an entertainment facility located in a former silica mine at 700 Crystal Ave., he could go to jail.
However, Victor Melenbrink, Municipal Court prosecutor, said Kerr’s probation cannot be revoked while his convictions are under appeal.
Kerr is accused of violating a county ordinance that officials say require him to have an approved site development plan for his business, Fiesta Corp., doing business as Crystal City Underground.
The facility is on 173.6 acres immediately south of Crystal City in unincorporated Jefferson County.
Kerr said Monday he feels unjustly targeted by county government officials and his facility gives a boost to the area’s economy.
“We fill hotel rooms,” he said. “It’s not the business community that has a problem with us.”
The cases against Kerr were brought by Jefferson County government. Citations were issued after two 2014 “raves” held at the Crystal City Underground, one held April 5-6, after which a woman who attended died of a drug overdose, and the second held Oct. 24-25.
Jefferson County counselor Wes Yates said there is no question that Fiesta Corp. needs a site development plan to operate.
“They asked for rezoning in 2011,” Yates said. “The (Jefferson) County Council gave it to them. They’ve never been given a site development plan as set out by ordinance. We will continue to cite them if they keep violating the ordinances.”
Kister contends that the county has no authority over the business because Crystal City Underground was established in 2007, a year before the Jefferson County Council approved a Unified Development Order covering commercial development.
Judge Edward Page sided with the county, handing down his ruling on Feb. 9, which found Kerr guilty on two counts, and then sentencing Kerr on Feb. 25.
Page, who is the municipal judge for Festus and Crystal City, heard the case after Kister requested a replacement for Jefferson County Municipal Court Judge Joe Rathert, who had ruled against Kerr in the previous, similar case and fined him $500.
Page set two conditions for Kerr’s probation.
“In the first condition, nothing is allowed under the ordinary course of business,” Melenbrink said. “The second allows them to hold a special event if they go through the special events process set out by the county.
“Assuming that he wants to start (regularly) using the property, he must go through the site development process with the county.”
Page could have sentenced Kerr up to a year in jail and a $1,000 fine on both counts. The violations are not considered criminal misdemeanors, but they carry similar penalties.
Melenbrink said he is requesting both cases be combined when they go before a (23rd) Circuit Court judge.
On March 6, Kister said the first appeal had not yet been set for Circuit Court trial.
Kister said he expects more events at Crystal City Underground while litigation continues.
“I welcome people to come experience the Crystal City Underground,” he said. “It’s a wonderful place.”
The Crystal City Underground website lists regular hours of operation Fridays through Sundays for such activities as barge rides, sand volleyball and disc golf. It says the facility is available for use by reservation Mondays through Thursdays.
On Monday, Kerr said Crystal City Underground is operating as usual.
“Yes, we were open over the weekend,” he said.
Melenbrink said he believes higher courts will ultimately side with the Municipal Court rulings against Kerr and he will need to follow his probation terms or face the consequences.
“At this point I feel confident saying I expect the Circuit Court will probably rule in the same manner as judges Rathert and Page ruled,” Melenbrink said. “If that is the case, and if he continues to operate, we would seek to end his probation – if he is given probation by the Circuit Court. They don’t have to – they could disagree with the decisions or could change the probation terms. If (Kerr) violates the probation, the Circuit Court could revoke probation and he would go to jail for 60 days.”
Police said the two events cited in the violations were plagued by drug and other arrests, both at the site and other spots in the Twin City area that were used for parking for the events.
Fiesta Corp. is owned by both Tom and Kathy Kerr, but prosecutors dropped Kathy Kerr from the most recent case before it went to trial.