-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, MxEdUth2V4GhLjpLWUY0ISb88J/N/KWkGn85QrmQVl/Eb4PGJZZtXwHYeFpkO0dl bAW/Zwop4E9IKAcOIRrGmg== 0000950117-04-000577.txt : 20040210 0000950117-04-000577.hdr.sgml : 20040210 20040210092504 ACCESSION NUMBER: 0000950117-04-000577 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20040209 ITEM INFORMATION: FILED AS OF DATE: 20040210 FILER: COMPANY DATA: COMPANY CONFORMED NAME: ARK RESTAURANTS CORP CENTRAL INDEX KEY: 0000779544 STANDARD INDUSTRIAL CLASSIFICATION: RETAIL-EATING PLACES [5812] IRS NUMBER: 133156768 STATE OF INCORPORATION: NY FISCAL YEAR END: 0930 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-09453 FILM NUMBER: 04579668 BUSINESS ADDRESS: STREET 1: 85 FIFTH AVENUE CITY: NEW YORK STATE: NY ZIP: 10003-3019 BUSINESS PHONE: 2122068800 MAIL ADDRESS: STREET 1: 85 FIFTH AVENUE CITY: NEW YORK STATE: NY ZIP: 10003-3019 8-K 1 a37040.txt ARK RESTAURANTS CORP. UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, DC 20549 Form 8-K Current Report Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): February 9, 2004 Ark Restaurants Corp. (Exact name of registrant as specified in its charter) 0-14030 (Commission File Number) New York 13-3156768 ---------------------------- -------------------------------- (State or other jurisdiction (I.R.S. Employer Identification) of incorporation) 85 Fifth Avenue New York, NY 10003 (Address of principal executive offices, with zip code) (212) 206-8800 (Registrant's telephone number, including area code) N/A (Former name or former address, if changed since last report) Item 12. Results of Operations and Financial Condition The information in this Current Report is being furnished and shall not be deemed "filed" for purposes of Section 18 of the Securities Exchange Act of 1934 (the "Exchange Act"), or otherwise subject to the liabilities of that Section. The information in this Current Report shall not be incorporated by reference in any filing under the Securities Act of 1933 or the Exchange Act, except as shall be expressly set forth by specific reference in such a filing. On February 9, 2004, Ark Restaurants Corp. issued a press release announcing its first quarter financial results for 2004, the text of which is furnished herewith as Exhibit 99.1. SIGNATURES Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized. ARK RESTAURANT CORP. By: /s/ Michael Weinstein --------------------- Chief Executive Officer Date: February 9, 2004 INDEX TO EXHIBITS Exhibit Description ------- ----------- 99.1 Press Release dated February 9, 2004 entitled "Ark Restaurants Announces First Quarter Financial Results." EX-99 3 ex99-1.txt EXHIBIT 99.1 Exhibit 99.1 Ark Restaurants Announces First Quarter Financial Results CONTACT: Robert Towers (212) 206-8800 NEW YORK, New York - February 9, 2004 - Ark Restaurants Corp. (NASDAQ: ARKR) today reported financial results for the first quarter ended December 27, 2003. For the three months ended December 27, 2003 total revenues were $27.1 million versus $25 million in the first fiscal quarter of last year. Revenues for both periods were adjusted as a result of the sale of two restaurants, one located in Islamorada, Florida, and one located in New York City, and their reclassification to discontinued operations as required by Generally Accepted Accounting Principles. Net income for the first quarter was $556,000 compared to a net loss of $116,000 in the year ago first quarter. Net basic income per share was $0.18 during the first quarter of 2004 compared to a net basic loss per share of $0.04 during the first quarter of 2003. EBITDA for the quarter was $2 million versus $1.2 million last year. As of December 27, 2003 borrowings on the Company's credit facility had been reduced to $7.8 million compared to $14.9 million as of December 28, 2002. On a Company-wide basis same store sales increased 6.0% during the first quarter ended December 27, 2003 compared with last year's first quarter. Las Vegas continued to show strong growth with same stores sales increasing 12.4% over the previous year's comparable quarter. Washington D.C. same store sales increased 6.1% while New York's decreased 2.0% during the first quarter of fiscal 2004 versus the first quarter of fiscal 2003. Presently the Company is in construction to build fast food facilities at two casino properties operated by the Seminole Indian Tribe in Tampa and Hollywood, Florida. The Tampa property fast food facilities will have five concepts while it is anticipated that the Hollywood fast food facilities will have eight. The Company has partners in this venture who assumed the financial risk. The Tampa operations are scheduled to open on March 1, 2004 followed by Hollywood on April 15, 2004. Ark Restaurants owns and operates 24 restaurants, 26 fast food concepts (including those mentioned above), catering operations and wholesale and retail bakeries. Twelve restaurants are located in New York City; 8 in Las Vegas, Nevada; and four in Washington, DC. The Las Vegas operations include three restaurants within the New York-New York Hotel & Casino Resort and operation of the Resort's room service, banquet facilities, employee dining room and eight food court concepts; four restaurants and bars within the Venetian Casino Resort as well as four food court concepts. The Company also owns and operates one restaurant within the Forum Shops at Caesar's Shopping Center and one restaurant at the Neonopolis Center at Fremont Street. Ark Restaurants Corp Consolidated Income Statement For the 13 weeks ended December 27, 2003 and December 28, 2002 (in thousands except for per share amounts)
13 weeks to 13 weeks to 12/27/2003 12/28/2002 ----------- ----------- REVENUES: Food & beverage sales $ 27,007 $ 24,867 Other income 98 98 ---------- ---------- Total Revenues 27,105 24,965 COSTS & EXPENSES: Food & beverage cost of sales 6,998 6,217 Payroll expenses 9,007 8,662 Occupancy expenses 4,373 4,130 Other operating costs and expenses 3,409 3,407 General & administrative expenses 1,473 1,591 Depreciation & amortization expenses 1,063 1,134 ---------- ---------- Total costs and expenses 26,323 25,141 Operating income (loss) 782 (176) OTHER (INCOME) EXPENSE: Interest expense 93 222 Interest income (35) (7) Other income (92) (255) ---------- ---------- Total other (income) expense (34) (40) ---------- ---------- Income (loss) from continuing operations before income taxes 816 (136) Provision (benefit) for income taxes 286 (52) ---------- ---------- Income (loss) from continuing operations 530 (84) DISCONTINUED OPERATIONS: Income (loss) from operations of discontinued restaurants (including gains on disposal of $343,000 and $0, respectively) 40 (51) Provision (benefit) for income taxes 14 (19) ---------- ---------- Income (loss) from discontinued operations 26 (32) NET INCOME (LOSS) $ 556 (116) ========== ========== INCOME (LOSS) per share: Continuing operations basic $ 0.17 ($0.03) Discontinued operations basic $ 0.01 ($0.01) ---------- ---------- Net basic $ 0.18 ($0.04) Continuing operations diluted $ 0.16 ($0.03) Discontinued operations diluted $ 0.01 ($0.01) ---------- ---------- Net diluted $ 0.17 ($0.04) Basic Shares 3,181,299 3,181,299 Diluted Shares 3,321,947 3,196,770 EBITDA Reconciliation Pre tax earnings $ 856 $ (187) Depreciation and amortization 1,063 1,134 Interest 58 215 ---------- ---------- EBITDA (a) $ 1,977 $ 1,162 ========== ==========
(a) EBITDA is defined as earnings before interest, taxes, depreciation and amortization and cumulative effect of changes in accounting principle. 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 the non-GAAP financial measure EBITDA 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, operating income, 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, net income, is included above. -----END PRIVACY-ENHANCED MESSAGE-----