OLNEY, Md. (WJZ) — Montgomery County Police are investigating after a customer allegedly spit on an employee at an Olney restaurant after he was asked to wear a mask.

Masks or face coverings are mandatory in Maryland inside any buildings or outside when you cannot social distance, per Gov. Larry Hogan’s order due to the coronavirus pandemic and an uptick in cases recently.

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Police were called to the eatery Friday around 1:52 p.m. for a reported assault.

When they arrived they spoke to the victim and the suspect.

The victim told the suspect he had to wear a mask inside. During that conversation, the suspect allegedly spat on the employee.

County police couldn’t arrest or charge him with second-degree assault because Maryland Law prohibits police officers from making an arrest for second-degree assault if they didn’t see it.

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Instead, police issued a trespass order for the suspect. If he returns within a year to the establishment, he may be subject to arrest for trespassing.

In a Facebook post, the owner of Brew Belly said it will not tolerate dangerous and irresponsible behavior.

Despite the governor’s reopening plan, Brew Belly opted out of opening indoor dining even at 50% capacity.

“Our staff is grateful to be working during these alarming and uncertain times,” the post said. “Although they are doing it knowing there is an elevate health risk and doing it for a fraction of their pre-COVID-10 earnings.”

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“We demande and deserve your consideration and compliance,” the post continued.