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<br /> <br />Resolution No. 2023-XXX <br />Page 5 of 10 <br />regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the <br />City shall have the right to approve the legal counsel providing the City’s defense, and that <br />Applicant shall reimburse the City for any costs and expenses directly and necessarily <br />incurred by the City in the course of the defense. City shall promptly notify the Applicant of <br />any Action brought and City shall cooperate with Applicant in the defense of the Action. <br /> <br />Section 4. The City Council of the City of Santa Ana, after conducting the public <br />hearing, hereby approves Conditional Use Permit No. 2023-09, as conditioned in Exhibit A, <br />attached hereto and incorporated herein, for the sale of distilled spirits in addition to beer <br />and wine for on-premises consumption at Mariscos Hector Sports Grill located at 1208 East <br />McFadden Avenue. This decision is based upon the evidence submitted at the above- <br />referenced hearing, including but not limited to: The Request for City Council Action dated <br />June 6, 2023, and exhibits attached thereto; and the public testimony, written and oral, all of <br />which are incorporated herein by this reference. <br /> <br />ADOPTED this 6th day of June 2023 by the following vote. <br /> <br />AYES: Councilmembers: _______________________________________ <br />NOES: Councilmembers: _______________________________________ <br />ABSTAIN: Councilmembers: _______________________________________ <br />NOT PRESENT: Councilmembers: _______________________________________ <br /> <br /> <br /> <br /> <br />Valerie Amezcua <br />Mayor <br /> <br />APPROVED AS TO FORM: <br />Sonia R. Carvalho <br />City Attorney <br /> <br /> <br />By: <br />John M. Funk <br />Chief Assistant City Attorney <br />