Annual report pursuant to Section 13 and 15(d)

Investments

v3.3.1.900
Investments
12 Months Ended
Dec. 31, 2015
Investments in and Advances to Affiliates, Schedule of Investments [Abstract]  
Investments

4. INVESTMENTS

 

Investments at fair value consist of the following at December 31, 2015 and 2014.

 

          Unrecognized           Realized     Gain  
          Holding     Fair     Holding     on  
    Cost     Gains (Losses)     Value     Loss     Sale  
December 31, 2015                                        
Appalachian Mountain Brewery   $ 1,500     $ 16,046     $ 17,546     $ -     $ -  
KSIX Media Holdings, Inc.     261,831       (248,055 )     13,776       -       -  
    $ 263,331     $ (232,009 )   $ 31,322     $ -     $ -  
                                         
December 31, 2014                                        
Appalachian Mountain Brewery   $ 1,500     $ 23,300     $ 24,800     $ -     $ 46,292  
KSIX Media Holdings, Inc.     261,831       (251,269 )     10,562       -       -  
    $ 263,331     $ (227,969 )   $ 35,362     $ -     $ 46,292  

  

    2015     2014  
             
Available-for-sale investments at fair value   $ 31,322     $ 35,362  
Total   $ 31,322     $ 35,362  

 

Available-for-sale securities

 

Activity in our available-for-sale securities may be summarized as follows:

 

    2015     2014  
             
Cost   $ 263,331     $ 263,331  
Unrealized loss     (232,009 )     (227,969 )
Total   $ 31,322     $ 35,362  

 

Our available-for-sale securities consist of the following:

 

Appalachian Mountain Brewery (“AMB”), formerly North Carolina Natural Energy, Inc. (“NCNE”) – AMB is a successor to NCNE and its common stock is currently traded on the OTC market under the ticker HOPS. AMB began trading under this symbol on January 7, 2014; previously it was traded under ticker NCNE on the OTC stock market. As of December 31, 2015 and 2014, the Company held 6,200 shares of AMB with a closing price of $2.83 and $4.01 per share. AMB makes craft beer with plans to expand its distribution network. AMB expects to have a food service line in addition to its beer products. NCNE was a successor to Remodel Auction Incorporated whose business was discontinued. The Company originally received 100,000,000 shares of NCNE (less than 1% on a fully diluted basis) for management services during 2011, valued at $1,500.

  

We recognized a realized gain of $46,492 in 2014 in connection with the sale of a portion of our investment in Appalachian Mountain Brewery.

 

KSIX Media Holdings, Inc. (“KSIX”), formerly North American Energy Resources, Inc. - During the quarter ended June 30, 2009, the Company exchanged its oil & gas property investments for 700,000 shares of North American Energy Resources, Inc. (“NAEY”) which were valued at $126,000 based on the closing price of NAEY on the OTC market on the date of the trade. NAEY is currently traded on the OTC market under the symbol NAEYD. During the first quarter of 2010, the Company received an additional 150,000 shares of NAEY in exchange for management services. The shares were initially valued at $10,500, based on the trading price at the time. During June 2011, the Company’s CEO contributed 1,790,440 shares of NAEY to the Company which was valued at $125,331 based on the trading price at the time. Mr. Pruitt did not receive additional compensation as a result of the transfer.

 

During 2015, NAEY authorized and approved a reverse stock split of one for twenty-three (1:23) of the Corporation’s total issued and outstanding shares of common stock and subsequently entered into a merger agreement to acquire KSIX. Later in 2015, NAEY changed its name to KSIX and its shares are currently traded on the OTC market under the symbol KSIX. KSIX shares have traded on the OTC market at prices ranging from $0.05 to $0.75 per share over the past 52 weeks.

 

At December 31, 2015 and 2014 shares of KSIX closed at $0.12 and $0.09 per share, respectively, and the Company recognized an unrealized loss of $248,055 as of December 31, 2015 and $251,269 as of December 31, 2014.

 

Investments accounted for using the cost method

 

Investments at cost consist of the following at December 31, 2015 and 2014:

 

    2015     2014  
             
Chanticleer Investors, LLC   $ 800,000     $ 800,000  
Beacher’s Madhouse     -       500,000  
Edison Nation LLC (FKA Bouncing Brain Productions)     250,000       250,000  
    $ 1,050,000     $ 1,550,000  

 

A summary of the activity in investments accounted for using the cost method follows.

 

    2015     2014  
             
Investments at cost:                
Balance, beginning of year   $ 1,550,000     $ 1,550,000  
Impairment     -       -  
New investments     -       -  
Sales     (500,000 )     -  
Total   $ 1,050,000     $ 1,550,000  

 

Chanticleer Investors LLC - On January 24, 2011, Investors LLC and its three partners combined to form HOA Holdings, LLC (“HOA LLC”) and completed the acquisition of HOA and Texas Wings, Inc. (“TW”). Together HOA LLC has created an operating company with 161 company-owned locations across sixteen states, or nearly half of all domestic Hooters restaurants and over one-third of the locations worldwide.

 

Investors, LLC had a note receivable in the amount of $5,000,000 from HOA that was repaid at closing. Investors LLC then invested $3,550,000 in HOA LLC (approximately 3.1%) ($500,000 of which was the Company’s share). One of the investors in Investors LLC that owned a $1,750,000 share is a direct investor in HOA LLC and will now carry its ownership in HOA LLC directly. In July 2012, the Company acquired an additional interest of $300,000, at cost, from one of the partners for cash, which increased our ownership to approximately 22% of Investors LLC as of December 31, 2013.

  

In November 2015, the Company received a cash distribution totaling $543,130 on its 3% equity interest in HOA LLC, of which $324,054 is reflected in management fee income and $219,076 is reflected in other income in the accompanying Consolidated Statements of Operations. In August 2014, the Company received a cash distribution totaling $830,421 on its 3% equity interest in HOA LLC, of which $392,842 is reflected in management fee income and $437,579 is reflected in other income in the accompanying Consolidated Statements of Operations.

 

Based on the current status of this investment, the Company does not consider the investment to be impaired.

 

Beacher’s Madhouse – The Company acquired a 5% minority interest for $500,000 in Beacher’s, a variety show and nightclub experience. Beacher’s opened in late 2013 at an 8,500 square-foot performance theater located in the MGM Grand Hotel & Casino located on the strip in Las Vegas. The Company sold this investment in 2015 for cash proceeds of $330,361, and recognized a realized loss of $169,639.

 

EE Investors, LLC - On January 26, 2006, we acquired an investment in EE Investors, LLC with cash in the amount of $250,000. We acquired 1,205 units (3.378%) in EE Investors, LLC, whose sole asset is 40% of Edison Nation, LLC (formerly Bouncing Brain Productions, LLC). Edison Nation was formed to provide equity capital for new inventions and help bring them to market. The initial business plan included developing the products and working with manufacturers and marketing organizations to sell the products. This has evolved into a less hands-on program, which involves selling products with patents to other larger companies and retaining royalties. Edison Nation has now reached cash flow break-even, and in addition has been retained by a number of companies for which they do product searches to supplement its business. Based on the current status of this investment, the Company does not consider the investment to be impaired.

 

Investments accounted for using the equity method

 

Effective April 1, 2014, the Company increased its ownership stake in Hooters restaurant in Campbelltown, Australia from 49% to 60%. In addition, the Company increased its ownership stake to 60% in the two new stores recently completed or under construction in Surfers Paradise (which opened on July 4, 2014), Australia and Townsville, Australia, which we expect to open in 2015. Prior to April 1, 2014, the Company accounted for its 49% ownership using the equity method of accounting. Subsequent to April 1, 2014, the accounts of the Australia entities are consolidated in the Company’s consolidated financial statements.

 

Also on July 1, 2014, the Company acquired 60% of the two other Hooters restaurants in Australia, in Penrith and Parramatta, suburbs of Sydney, as well as 60% interest in the related Australian management company. These entities own, operate, and manage Australian Hooters restaurants and gaming operations. The purchase price was the assumption of $5 million in debt. Also as part of the transaction, the Company will receive 100% of all gaming revenue until the debt is repaid, and thereafter the Company will receive 60% of such revenue for the remainder of the lifetime of the gaming machines. (See Note 19 “Australia Administration Transactions and Asset Impairment”).

 

Activity in investments accounted for using the equity method is summarized as follows:

 

    2014  
       
Balance, beginning of year   $ 941,963  
Equity in loss     (40,694 )
New investments     100,000  
Reclassification of investments     (1,001,269 )
Balance, end of year   $ -