EX-99.1 2 a12-20x228xkexhibit.htm EX-99.1 Document

                                            Exhibit 99.1                                                
Ark Restaurants Announces Financial Results for the
Fourth Quarter and Fiscal Year Ended 2022
 
CONTACT:
Anthony J. Sirica
(212) 206-8800
ajsirica@arkrestaurants.com

NEW YORK, New York - December 19, 2022 -- Ark Restaurants Corp. (NASDAQ:ARKR) today reported financial results for the fourth quarter and fiscal year ended October 1, 2022.
The Company’s fiscal year ends on the Saturday nearest September 30. The fiscal years ended October 1, 2022 and October 2, 2021 both included 52 weeks and the quarters ended October 1, 2022 and October 2, 2021 both included 13 weeks.
Financial Results
Total revenues for the 13 weeks ended October 1, 2022 were $46,884,000 versus $42,839,000 for the 13 weeks ended October 2, 2021. The 13 weeks ended October 2, 2021 includes revenues of $145,000 related to Clyde Frazier's Wine and Dine in New York, NY, which was closed on September 1, 2021.
Total revenues for the year ended October 1, 2022 were $183,674,000 versus $131,870,000 for the year ended October 2, 2021. The year ended October 2, 2021 includes revenues of $1,296,000 related to Clyde Frazier's Wine and Dine and Gallagher's Steakhouse and Gallagher's Burger Bar in Atlantic City, NJ, which were closed during fiscal 2021.
The Company's EBITDA, excluding gains on the forgiveness of Paycheck Protection Program Loans (the "PPP Loan Forgiveness") and adjusted for other items all as set out in the table below, for the 13 weeks ended October 1, 2022 was $2,352,000 versus $5,210,000 for the 13 weeks ended October 2, 2021. Net income attributable to Ark Restaurant Corp. for the 13 weeks ended October 1, 2022 was $762,000 or $0.21 per basic and diluted share, compared to net income of $6,828,000 (which includes PPP Loan Forgiveness of $3,082,000) or $1.93 and $1.89 per basic and diluted share, respectively, for the 13 weeks ended October 2, 2021.
The Company's EBITDA, excluding the PPP Loan Forgiveness and adjusted for other items all as set out in the table below, for the year ended October 1, 2022 was $13,987,000 versus $7,955,000 for the year ended October 2, 2021. Net income attributable to Ark Restaurant Corp. for the year ended October 1, 2022 was $9,281,000 (which includes PPP Loan Forgiveness of $2,420,000) or $2.61 and $2.58 per basic and diluted share, respectively, compared to net income of $12,895,000 (which includes PPP Loan Forgiveness of $10,400,000) or $3.67 and $3.58 per basic and diluted share, respectively, for the year ended October 2, 2021.
As of October 1, 2022, the Company had cash and cash equivalents of $23,439,000, a certificate of deposit in the amount of $5,021,000 maturing in January 2023, and total outstanding debt of $23,729,000.
COVID-19 Pandemic and Inflation
Recent global events, including the COVID-19 pandemic ("COVID-19"), have adversely affected global economies, disrupted global supply chains and labor force participation and created significant volatility and disruption of financial markets.
We experienced significant and variable disruptions to our business as federal, state and local restrictions were mandated, among other remedial measures, to mitigate the spread of the COVID-19 virus. During fiscal 2021, most of our restaurants operated with no restrictions on indoor dining, although there was a significant reduction in guest traffic at our restaurants due to changes in consumer behavior as public health officials encouraged social distancing. While restrictions on the type of permitted operating model and occupancy capacity may continue to change, during fiscal 2022 all of our restaurants operated with no restrictions.


During fiscal 2022, in addition to the associated impact of COVID-19, our operating results have been impacted by geopolitical and other macroeconomic factors, leading to increased commodity and wage inflation and other increased costs. The ongoing effects of COVID-19 and its variants, along with other geopolitical and macroeconomic events, could lead to further government mandates, including but not limited to capacity restrictions, shifts in consumer behavior, wage inflation, staffing challenges, product and services cost inflation and disruptions in our supply chain. If these factors significantly impact our cash flow in the future, we may again implement mitigation actions such as suspending dividends, increasing borrowings or modifying our operating strategies. Some of these measures may have an adverse impact on our business, including possible impairments of assets.
Other Matters
On April 8, 2022, the Company extended its lease for Gallagher's Steakhouse at the New York-New York Hotel and Casino in Las Vegas, NV through December 31, 2032. In connection with the extension, the Company has agreed to spend a minimum of $1,500,000 to materially refresh the premises by April 30, 2023 (as extended from September 30, 2022 due to supply chain issues), subject to additional extensions as set out in the agreement.
On June 24, 2022, the Company extended its lease for America at the New York-New York Hotel and Casino in Las Vegas, NV through December 31, 2033. In connection with the extension, the Company has agreed to spend a minimum of $4,000,000 to materially refresh the premises by December 31, 2024, subject to various extensions as set out in the agreement.
On July 21, 2022, the Company extended its lease for the Village Eateries at the New York-New York Hotel and Casino in Las Vegas, NV through December 31, 2034. As part of this extension, the Broadway Burger Bar and Grill and Gonzalez y Gonzalez, were carved out of the Village Eateries footprint and the extended date for those two locations is December 31, 2033. In connection with the extension, the Company has agreed to spend a minimum of $3,500,000 to materially refresh all three of these premises by June 30, 2023, subject to various extensions as set out in the agreement.
About Ark Restaurants Corp.
Ark Restaurants owns and operates 17 restaurants and bars, 16 fast food concepts and catering operations primarily in New York City, Florida, Washington, DC, Las Vegas, Nevada and the gulf coast of Alabama. Four restaurants are located in New York City, one is located in Washington, DC, five are located in Las Vegas, Nevada, one is located in Atlantic City, New Jersey, four are located on the east coast of Florida and two are located on the Gulf Coast of Alabama. The Las Vegas operations include four restaurants within the New York-New York Hotel & Casino Resort and operation of the hotel's room service, banquet facilities, employee dining room and six food court concepts and one restaurant within the Planet Hollywood Resort and Casino. In Atlantic City, New Jersey, the Company operates a restaurant in the Tropicana Hotel and Casino. The Florida operations include the Rustic Inn in Dania Beach, Shuckers in Jensen Beach, JB’s on the Beach in Deerfield Beach, Blue Moon Fish Company in Lauderdale-by-the-Sea and the operation of four fast food facilities in Tampa and six fast food facilities in Hollywood, each at a Hard Rock Hotel and Casino operated by the Seminole Indian Tribe at these locations. In Alabama, the Company operates two Original Oyster Houses, one in Gulf Shores and one in Spanish Fort.
Cautionary Note Regarding Forward-Looking Statements
Except for historical information, this news release contains forward-looking statements, within the meaning of Section 27A of the Securities Act of 1933, as amended and Section 21E of the Securities Exchange Act of 1934, as amended. These statements involve unknown risks, and uncertainties that may cause the Company's actual results or outcomes to be materially different from those anticipated and discussed herein. Important factors that might cause such differences are discussed in the Company's filings with the Securities and Exchange Commission. The Company disclaims any intention or obligation to update or revise any forward-looking statements, whether as a result of new information, future events or otherwise. Actual results could differ materially from those anticipated in these forward-looking statements, if new information becomes available in the future.


ARK RESTAURANTS CORP.
Consolidated Statements of Income
(In Thousands, Except per share amounts)                                                             
13 Weeks Ended
October 1,
2022		13 Weeks Ended
October 2,
2021		52 Weeks Ended
October 1,
2022		52 Weeks Ended
October 2,
2021
TOTAL REVENUES$46,884 $42,839 $183,674 $131,870 
COSTS AND EXPENSES:
  Food and beverage cost of sales13,036 12,568 52,573 38,950 
  Payroll expenses16,074 13,234 60,000 42,579 
  Occupancy expenses6,367 3,500 22,181 14,747 
  Other operating costs and expenses5,850 4,967 21,823 16,044 
  General and administrative expenses3,082 2,897 12,936 10,523 
  Gain on lease termination— (810)— (810)
  Depreciation and amortization1,052 585 4,297 3,630 
      Total costs and expenses45,461 36,941 173,810 125,663 
OPERATING INCOME1,423 5,898 9,864 6,207 
OTHER (INCOME) EXPENSE:
  Interest expense, net305 279 1,083 1,179 
  Other income(37)— (421)— 
  Gain on forgiveness of PPP Loans— (3,082)(2,420)(10,400)
      Total other (income) expense, net268 (2,803)(1,758)(9,221)
INCOME BEFORE PROVISION FOR INCOME TAXES1,155 8,701 11,622 15,428 
Provision for income taxes157 1,337 1,448 1,181 
CONSOLIDATED NET INCOME998 7,364 10,174 14,247 
Net income attributable to non-controlling interests(236)(536)(893)(1,352)
NET INCOME ATTRIBUTABLE TO ARK
    RESTAURANTS CORP.		$762 $6,828 $9,281 $12,895 
NET INCOME PER ARK RESTAURANTS CORP.
    COMMON SHARE:
    Basic$0.21 $1.93 $2.61 $3.67 
    Diluted$0.21 $1.89 $2.58 $3.58 
WEIGHTED AVERAGE NUMBER OF COMMON SHARES
    OUTSTANDING:
    Basic3,566 3,530 3,556 3,516 
    Diluted3,616 3,610 3,603 3,604 
EBITDA Reconciliation:
    Income before provision for income taxes$1,155 $8,701 $11,622 $15,428 
    Depreciation and amortization1,052 585 4,297 3,630 
    Interest expense, net305 279 1,083 1,179 
EBITDA (a)$2,512 $9,565 $17,002 $20,237 
EBITDA, adjusted:
    EBITDA (as defined) (a)$2,512 $9,565 $17,002 $20,237 
    Non-cash stock option expense76 73 298 280 
    Gain on lease termination— (810)— (810)
    Gain on forgiveness of PPP Loans— (3,082)(2,420)(10,400)
    Net income attributable to non-controlling interests(236)(536)(893)(1,352)
EBITDA, as adjusted$2,352 $5,210 $13,987 $7,955 

(a)EBITDA is defined as earnings before interest, taxes, depreciation and amortization.  Although EBITDA is not a measure of performance or  liquidity calculated in accordance with generally accepted accounting principles ("GAAP"), the Company believes the use of this non-GAAP financial measure enhances an overall understanding of the Company's past financial performance as well as providing useful information to the investor because of its historical use by the Company as both a performance measure and measure of liquidity, and the use of EBITDA by virtually all companies in the restaurant sector as a measure of both performance and liquidity.  However, investors should not consider this measure in isolation or as a substitute for net income (loss), operating income (loss), cash flows from operating activities  or any other measure for determining the Company's operating performance or liquidity that is calculated in accordance with GAAP, it may not necessarily be comparable to similarly titled measures employed by other companies.  A reconciliation of EBITDA to the most comparable GAAP financial measure, pre-tax income, is included above.