FORT WAYNE, Ind. (WANE) -- The owner of Break & Run faces felony charges after allegedly submitting paperwork for an alcoholic beverage permit under the now-deceased previous owner's name. 59-year-old, Kirk Smith faces two level 6 felony charges for falsification of records for the Alcohol Tobacco Commission. A level 6 felony charge faces up to $10,000 in fines with the possibility of six months to two and a half years in jail. According to court documents filed with the Allen County Circuit Court, Smith repeatedly falsified records when renewing the alcoholic beverage permit in the 2022 and 2023 years. According to court documents, Smith submitted a renewal application for the permit on August 19, 2022. In the renewal application, the owner of the permit must sign an affidavit that specifically states that the application was completed by the owner and if not, the preparer could face felony charges. Smith completed the document as John Dennis, who had been deceased for 10 months according to court documents. Court documents show in 2023, Smith again completed the document as John Dennis, nearly two years after his death. After two years, Smith attempted to transfer the permit. In the attempt to transfer, he had to submit the death certificate of Dennis, which showed he had been deceased during the previous years' filings. On Dec. 12 Smith was presented with the paperwork that the business was being issued a Notice of Violation for Falsification of Documents. According to court documents, Smith has explained the reason for receiving the fine and he asked, "How much is the fine?" Smith was booked into the Allen County Jail Thursday, he has since been released.