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): July 22, 2003
FAMOUS DAVE'S OF AMERICA, INC.
(Exact name of registrant as specified in its charter)
Minnesota 0-21625 41-1782300
(State or other jurisdiction (Commission File Number) (IRS Employer
of incorporation) Identification No.)
8091 Wallace Road, Eden Prairie, MN 55344
(Address of principal executive offices) (Zip Code)
(952) 294-1300
(Registrant's telephone number, including area code)
N/A
(Former Name or Former Address, if Changed Since Last Report)
ITEM 7. FINANCIAL STATEMENTS AND EXHIBITS
c) Exhibits
99.1 Famous Dave's of America, Inc. Press Release dated July 22, 2003.
ITEM 9. REGULATION FD DISCLOSURE
The information in this section is being furnished to, but not filed
with, the Securities and Exchange Commission (the "Commission") solely under
Item 12 of Form 8-K, "Results of Operations and Financial Condition," pursuant
to interim procedures promulgated by the Commission in Release No. 33-8216
issued March 27, 2003.
On July 22, 2003, Famous Dave's of America, Inc. issued a press
release that included financial information for the second quarter of fiscal
2003. In addition to reporting a measure of the Registrant's 2003 second quarter
net loss that was in accordance with generally accepted accounting principles,
this release also included a non-GAAP financial measure of net income for the
quarter that excluded extraordinary charges related to certain under-performing
company-operated restaurants, assets disposals and severance payments to former
executives. The Registrant believes that the measure of net income exclusive of
non-recurring charges for asset disposals and severance payments better reflects
the financial performance of the Registrant's on-going operations. In addition,
the Registrant believes that a measure of net income exclusive of charges for
certain under-performing company-operated restaurants is useful to investors
given the probability of discontinued operations at these locations through a
sale or otherwise.
A copy of the press release is attached as Exhibit 99.1 to this Form
8-K.
SIGNATURE
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.
FAMOUS DAVE'S OF AMERICA, INC.
Date: July 22, 2003 By: /s/ Kenneth Stanecki
-----------------------------------
Name: Kenneth Stanecki
Title: Chief Financial Officer