UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 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 8, 2008

ARK RESTAURANTS CORP.
(Exact name of registrant as specified in its charter)

Commission file number 1-09453

New York

 

13-3156768

(State or other jurisdiction of
incorporation or organization)

 

(I.R.S. Employer
Identification No.)

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)

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:

⃞ Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

⃞ Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

⃞ Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

⃞ Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

Item 2.02     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 8, 2008, Ark Restaurants Corp. issued a press release announcing its financial results for its first quarter ended December 29, 2007, 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 8, 2008

INDEX TO EXHIBITS

Exhibit

Description

99.1

 Press Release dated February 8, 2008 entitled "Ark Restaurants Announces First Quarter Financial Results."

Exhibit 99.1

Ark Restaurants Announces First Quarter Financial Results

NEW YORK--(BUSINESS WIRE)--Ark Restaurants Corp. (NASDAQ:ARKR) today reported financial results for the first quarter ended December 29, 2007.

Total revenues from continuing operations for the three-month period ended December 29, 2007 were $30,318,000 versus $27,521,000 in the three months ended December 30, 2006.

EBITDA from continuing operations for the three-month period ended December 29, 2007 was $2,908,000 versus $3,312,000 during the same three-month period last year. EBITDA and income from continuing operations was negatively affected by pre-opening expenses involved in the construction of Yolos, a Mexican grill and lounge located at the Planet Hollywood Hotel in Las Vegas, which opened on December 30, 2007, expenses related to the expansion and renovation of the banquet facilities in the New York-New York Hotel & Casino and the payment of year-end bonuses to Company employees in excess of those paid during the first quarter last year. The Company’s income from continuing operations for the three-month period ended December 29, 2007 was $1,509,000, or $0.42 per share ($0.41 per diluted share), as compared to $1,842,000, or $0.51 per share ($0.51 per diluted share), for the same three-month period last year.

Compared to last year’s first quarter, Company-wide same store sales increased 3.7%. Compared to the same period last year, same store sales in the Company’s New York City operations increased by 10.0%, same store sales in the Company’s Las Vegas operations increased by 0.3%, same store sales in the Company’s Washington D.C. operations increased by 4.2% and same store sales in the Company’s Atlantic City operations increased by 0.6%. Same store sales in Las Vegas were negatively affected by the closure of the banquet facilities in the New York-New York Hotel & Casino for expansion and renovations. Catering sales in these facilities decreased $410,000 in the first fiscal quarter of 2008 compared to the same period in 2007. Sales from the Company’s Las Vegas operations represented 47.1% of the Company’s total sales during the three-month period ended December 29, 2007.

Net income for the three-month period ended December 29, 2007 was $1,485,000 versus $6,590,000 in the three months ended December 30, 2006. Net income for the three-month period ended December 30, 2006 included a $5,196,000 net gain after taxes from the sale of the Company’s Lutece and Tsunami facilities at the Venetian Casino Resort.

As of December 29, 2007, the Company had cash, cash equivalents and short term investments totaling $12,140,000. As of the same date, the Company had no long-term debt other than $842,000 remaining due on a five year purchase money obligation undertaken in connection with the Company’s January 8, 2007 acquisition of the Durgin Park Restaurant and the Black Horse Tavern in Boston, Massachusetts.

Ark Restaurants owns and operates 22 restaurants and bars, 24 fast food concepts, catering operations and wholesale and retail bakeries. Seven restaurants are located in New York City, four are located in Washington, D.C., five are located in Las Vegas, Nevada, two are located in Atlantic City, New Jersey, three are located at the Foxwoods Resort Casino in Ledyard, Connecticut and one is located in Boston, Massachusetts. The Las Vegas operations include three restaurants within the New York-New York Hotel & Casino Resort and operation of the hotel's room service, banquet facilities, employee dining room and nine food court concepts; one bar within the Venetian Casino Resort as well as three food court concepts. In Las Vegas, the Company also owns and operates one restaurant within the Forum Shops at Caesar's Shopping Center. The Florida operations under management include five fast food facilities in Tampa, Florida and seven fast food facilities in Hollywood, Florida, each at a Hard Rock Hotel and Casino operated by the Seminole Indian Tribe at these locations. In Atlantic City, New Jersey, the Company operates a restaurant and a bar in the Resorts Atlantic City Hotel and Casino. In Boston, Massachusetts, the Company operates a restaurant in the Faneuil Hall Marketplace.

Except for historical information, this news release contains forward-looking statements, which 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 fillings 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.

ARK RESTAURANTS CORP.  
Condensed Consolidated Income Statement
For the 13 week periods ended December 29, 2007 and December 30, 2006
(In Thousands, Except per share amounts)
 
 
13 weeks ended 13 weeks ended
 
December 29, December 30,

2007

2006

 
TOTAL REVENUES $ 30,318   $ 27,521  
 
COST AND EXPENSES:
 
Food and beverage cost of sales 7,734 6,816
Payroll expenses 9,541 8,666
Occupancy expenses 4,019 3,875
Other operating costs and expenses 4,084 3,111
General and administrative expenses 2,151 1,983
Depreciation and amortization expenses   677     632  
 
Total costs and expenses   28,206     25,083  
OPERATING INCOME   2,112     2,438  
 
OTHER INCOME:
 
Interest income - net 130 110
Other income   119     242  
Total other income   249     352  
Income from continuing operations
before income taxes 2,361 2,790
Provision for income taxes 852 935
 
Limited partner interest in income of variable interest entity   -     (13 )
 
Income from continuing operations   1,509     1,842  
 
DISCONTINUED OPERATIONS:
Income (loss) from operations of discontinued restaurants (37 ) 7,139
 
Provision (benefit) for income taxes   (13 )   2,391  
 
Income (loss) from discontinued operations   (24 )   4,748  
 
NET INCOME $ 1,485   $ 6,590  
 
 
PER SHARE INFORMATION - BASIC AND DILUTED:
 
Continuing operations basic $ .42 $ .51
Discontinued operations basic $ (.01 ) $ 1.33  
Net basic $ .41   $ 1.84  
 
Continuing operations diluted $ .41 $ .51
Discontinued operations diluted $ (.01 ) $ 1.33  
Net diluted $ .40   $ 1.84  
 
 
WEIGHTED AVERAGE NUMBER OF SHARES-BASIC   3,597     3,571  
 
WEIGHTED AVERAGE NUMBER OF SHARES-DILUTED   3,641     3,576  
 
Continuing Operations EBITDA Reconciliation
Pre tax earnings $ 2,361 $ 2,790
Depreciation and amortization 677 632
Interest   (130 )   (110 )
EBITDA (a) $ 2,908   $ 3,312  
 
Continuing Operations EBITDA adjusted for
non-cash stock option expense
EBITDA (as defined) (a) $ 2,908 $ 3,312
Non-cash stock option expense   78     174  
EBITDA adjusted for non-cash stock option expense $ 2,986   $ 3,486  
 

(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.

CONTACT:
Ark Restaurants Corp.
Robert Towers, 212-206-8800
bob@arkrestaurants.com