|
OMB Number: 3235-0145
Expires: December 31, 1997 Estimated average burden hours per response...14.90 |
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
SCHEDULE 13G
UNDER THE SECURITIES EXCHANGE ACT OF 1934
(AMENDMENT NO. 1)
TAM RESTAURANTS, INC.
COMMON STOCK
874835101
Check the following box if a fee is being paid with this statement [ ]. (A fee is not required only if the filing person: (1) has a previous statement on file reporting beneficial ownership of more than five percent of the class of securities described in Item 1; and (2) has filed no amendment subsequent thereto reporting beneficial ownership of five percent or less of such class.) (See Rule 13d-7.)
*The remainder of this cover page shall be filled out for a reporting person’s initial filing on this form with respect to the subject class of securities, and for any subsequent amendment containing information which would alter the disclosures provided in a prior cover page.
The information required in the remainder of this cover page shall not be deemed to be “filed” for the purpose of Section 18 of the Securities Exchange Act of 1934 (“Act”) or otherwise subject to the liabilities of that section of the Act but shall be subject to all other provisions of the Act (however, see the Notes).
SEC 1745 (2-95)
PAGE 1 OF 8
NUMBER OF
CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (9) EXCLUDES CERTAIN SHARES*
*SEE INSTRUCTIONS BEFORE FILLING OUT!
PAGE 2 OF 8
United States
Schedule 13G
*********************
PAGE 3 OF 8
United States
Schedule 13G
TAM Restaurants, Inc. (Issuer)
**************************
PAGE 4 OF 8
United States
Schedule 13G
TAM Restaurants, Inc. (Issuer)
**************************
SIGNATURE
After reasonable inquiry and to the best of my knowledge and belief, I certify that the
information set forth in this statement is true, complete and correct.
KAYNE ANDERSON CAPITAL ADVISORS, L.P.
PAGE 5 OF 8
JOINT FILING AGREEMENT PURSUANT TO RULE 13d-1(f)(1)
This agreement is made pursuant to Rule 13d-1(f)(1) under the Securities Exchange Act of
1934 (the “Act”) by and between the parties listed below, each referred to herein as a
“Joint Filer.” The Joint Filers agree that a statement of beneficial ownership as required by
Section 13(d) of the Act and the Rules thereunder may be filed on each of their behalf on
Schedule 13D or Schedule 13G, as appropriate, and that said joint filing may thereafter be
amended by further joint filings. The Joint Filers state that they each satisfy the
requirements for making a joint filing under Rule 13d-1.
KAYNE ANDERSON CAPITAL ADVISORS, L.P.
PAGE 6 OF 8
United States
Schedule 13G
**************************
PAGE 7 OF 8
UNDERTAKING
The undersigned agree jointly to file the attached Statement of Beneficial Ownership on
Schedule 13G with the U.S. Securities Exchange Commission and TAM Restaurants, Inc.
Dated: February 12, 2004
KAYNE ANDERSON CAPITAL ADVISORS, L.P.
CUSIP NO. 874835101
13G
PAGE 2 OF 8 PAGES
1
NAME OF REPORTING PERSON
S.S. OR I.R.S. IDENTIFICATION NO. OF ABOVE PERSON
(A) KAYNE ANDERSON CAPITAL ADVISORS, L.P. - 95-4486379
(B) RICHARD A. KAYNE - 000-00-0000
2
CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP*
(a) [ ]
(b) [X]
3
SEC USE ONLY
4
CITIZENSHIP OR PLACE OF ORGANIZATION
(A) IS A CALIFORNIA LIMITED PARTNERSHIP
(B) IS A U.S. CITIZEN
SHARES
BENEFICIALLY
OWNED BY
EACH
REPORTING
PERSON
WITH
5
SOLE VOTING POWER
(A) 0
(B) 0
6
SHARED VOTING POWER
(A) 735,209
(B) 735,209
7
SOLE DISPOSITIVE POWER
(A) 0
(B) 0
8
SHARED DISPOSITIVE POWER
(A) 735,209
(B) 735,209
9
AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING
PERSON*
(A) 735,209
(B) 735,209
10
[ ]
11
PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW
9
(A) 7.0%
(B) 7.0%
12
TYPE OF REPORTING PERSON*
(A) IA
(B) IN
Securities and Exchange Commission
Item 1.
(a)
Issuer:
TAM Restaurants, Inc.
(b)
Address:
1163 Forrest Avenue
Staten Island, NY 10310
Item 2.
(a)
Filing Persons:
Kayne Anderson
Richard A. Kayne
Capital Advisors, L.P.
(b)
Addresses:
1800 Avenue of the Stars,
Second Floor
Los Angeles, CA 90067
1800 Avenue of the Stars,
Second Floor
Los Angeles, CA 90067
(c)
Citizenship:
Kayne Anderson Capital Advisors, L.P. is a California
limited partnership
Richard A. Kayne is a U.S. Citizen
(d)
Title of Class
of Services:
Common Stock
(e)
Cusip Number:
874835101
Item 3.
If this statement is filed pursuant to Rule 13d-1(b) or 13d-2(b), check whether the
person filing is a:
(e)
Kayne Anderson Capital Advisors, L.P., is an investment adviser registered
under section 203 of the Investment Advisers Act of 1940
Item 4.
Ownership
(a)
Amount Beneficially Owned:
Kayne Anderson Capital Advisors, L.P.
•
Managed Investment Limited Partnerships
718,609
•
Other Managed Accounts
16,600
•
Richard A. Kayne
0
Total
735,209
(b)
Percent of Class:
7.0
%
Securities and Exchange Commission
Item 5.
Ownership of Five Percent or Less of a Class
If this statement is being filed to report the fact that as of the date hereof
the reporting persons have ceased to be the beneficial owner of more than five
percent of the class of securities, check the following
[ ]
Not applicable.
Item 6.
Ownership of More than Five Percent on Behalf of Another Person.
Not applicable.
Item 7.
Identification and Classification of the Subsidiary Which Acquired the Security
Being Reported on By the Parent Holding Company
Not applicable.
Item 8.
Identification and Classification of Members of the Group
Not applicable
Item. 9.
Notice of Dissolution of Group
Not applicable
Item 10.
Certification
By signing below we certify that, to the best of our knowledge and belief, the
securities referred to above were acquired in the ordinary course of business
and were not acquired for the purpose of and do not have the effect of changing
or influencing the control of the issuer of such securities and were not
acquired in connection with or as a participant in any transaction having such
purposes or effect.
Securities and Exchange Commission
February 12, 2004
Date
/S/ RICHARD A. KAYNE
Richard A. Kayne
By:
Kayne Anderson Investment Management, Inc.
By:
/S/ DAVID J. SHLADOVSKY
David J. Shladovsky, Secretary
February 12, 2004
Date
/S/ RICHARD A. KAYNE
Richard A. Kayne
By:
Kayne Anderson Investment Management, Inc.
By:
/S/ DAVID J. SHLADOVSKY
David J. Shladovsky, Secretary
Securities and Exchange Commission
(cover page)
TAM Restaurants, Inc. (Issuer)
Box 9.
The reported shares are owned by investment accounts managed, with
discretion to purchase or sell securities, by Kayne Anderson Capital
Advisors, L.P., a registered investment adviser.
Kayne Anderson Capital Advisors, L.P. is the general partner of the
limited partnerships. Richard A. Kayne is the controlling shareholder of
the corporate owner of Kayne Anderson Investment Management, Inc., the
general partner of Kayne Anderson Capital Advisors, L.P. Mr. Kayne is
also a limited partner of each of the limited partnerships. Kayne
Anderson Capital Advisors, L.P. disclaims beneficial ownership of the
shares reported, except those shares attributable to it by virtue of its
general partner interests in the limited partnerships. Mr. Kayne
disclaims beneficial ownership of the shares reported, except those
shares held by him or attributable to him by virtue of his limited
partnership interests in the limited partnerships and by virtue of his
indirect interest in the interest of Kayne Anderson Capital Advisors,
L.P. in the limited partnerships.
/S/ RICHARD A. KAYNE
Richard A. Kayne
By:
Kayne Anderson Investment Management, Inc.
By:
/S/ DAVID J. SHLADOVSKY
David J. Shladovsky, Secretary
PAGE 8 OF 8