VASSALBORO -- The owner of the controversial Grand View Topless Coffee Shop on Tuesday disputed a report over the weekend that one of his waitresses had been outside of the shop without a top on.

The complaint of a bare-breasted waitress outside the shop was investigated on Saturday by a state trooper. Shop owner Donald Crabtree said the waitress was outside on the shop's deck, but she had her breasts covered, he said.

The waitress, Star Cunningham, 22, of Augusta said she was not wearing a shirt, but she was covering her chest with her hands and arms as she propped open the front door to the coffee shop. She said she was outside for no more than a minute, during which the complaint came in.

"I wasn't exposing my breasts to the public; I was totally covered," Cunningham said. "It was pretty much a big misunderstanding."

Crabtree said he was tempted to gather his waitresses -- wearing bikinis -- in the shop's parking lot to test the complaint.

Trooper Shawn Porter of Troop D Barracks in Gray said Saturday he didn't charge anyone and would file a report with the district attorney's office for review.

Kennebec County District Attorney Evert Fowle said Tuesday he hadn't received Porter's report yet, but, "I don't recall ever proceeding against somebody for a criminal charge with the kind of conduct alleged."

"I'm not sure I recall any complaint along these lines being made," Fowle said.

Grand View, which features topless waitresses and waiters serving coffee and doughnuts, opened Feb. 23 on Route 3. Despite objections from many townspeople, the Planning Board approved a permit for the shop because there were no regulations prohibiting it.

Paul Mitnik, Vassalboro's code enforcement officer, said that when he first heard of Saturday's complaint, he thought it might have constituted a violation of Crabtree's permit. But that is not the case, Mitnik said.

Even so, Crabtree "did promise at the (Planning Board) meeting that it wouldn't happen," Mitnik said. "He said there would be screening on the building and waitresses would stay inside."

Maine state law doesn't appear to outright prohibit partial or full nudity in public. But there are provisions against "public indecency," which the law says includes sexual acts or exposing one's "genitals under circumstances that in fact are likely to cause affront or alarm."

In response to Crabtree's coffee shop, citizens at town meeting on June 8 will consider an ordinance proposal that would regulate where, when and how "sexually oriented businesses" may operate in town. The ordinance would prevent such establishments from being near residences, schools, day-care centers and places of worship, and would not permit the business to serve alcohol, among other conditions.

Even though Grand View's existing permit wouldn't be affected, Crabtree blasts the ordinance proposal as a direct attack on his business and threatens to sue the town if the ordinance is approved by voters.

Crabtree has also said he plans to apply for a new town permit to expand the shop's seating capacity and hours of operation and acquire a license for a strip club.

Crabtree is scheduled to explain his proposal at a preliminary meeting with the Planning Board June 2 at 7 p.m. at the Town Office.

Scott Monroe -- 861-9253

smonroe@centralmaine.com