Heidi Daniels, the owner of the Wine Shop and Tasting Room, recently had a canopy and heater constructed for a patio area outside her store.

But the city ordered her to tear it down by Dec. 19 because it was built without permits.

Daniels is ignoring the order, she said.

"It is a ridiculous request," Daniels said. "I am the only viable business downtown after 5 p.m. I am trying to keep my customers warm and dry during the winter."

Daniels hired a contractor to build the more than $1000 temporary membrane structure and didn't know she needed a special permit from the city. San Dimas doesn't allow stand-alone projects, such as the canopy, in the historic downtown district.

After building it, Daniels was denied a permit by the planning commission. Her appeal was brought to the City Council. The council voted unanimously to review the policy to possibly make a change.

But the council could not decide what to do with the canopy.

The council split 2 to 2 whether to take down the canopy until the policy is reviewed. In the event of a tie, the city's recommendation stands, which means Daniels is supposed to remove the canopy.

Councilmen Denis Bertone and Jeff Templeman voted to allow Daniels to keep the structure while the policy is reviewed, while Mayor Curtis Morris and Councilman Emmett Badar voted against. Councilman John Ebiner recused himself because he owns a business within 500 feet of Daniels'.

"Unfortunately, John Ebiner had to recuse himself or it would have been a slam dunk," Daniels said.

"The fact of the matter is this, my customers love sitting out there in the evening, when it is cold, enjoying themselves," Daniels said. "When you own a retail business in a down economy, you better listen to your customers."

Daniels believes she is being discriminated against because she is a female business owner.

Her neighbors disagree.

"We have rules and regulations and she has broken the law," said Paul Kirby, who owns the Train Stop next to Daniels' store. "You can't make an exception for one person."

For leaving the canopy up, Daniels faces a fine from the city's code enforcement department. She is awaiting her first warning before she involves a lawyer, she said.

Councilman Badar said San Dimas has a process and that it should be followed.

"We handle the violation and then if the policy needs to be changed, look at and change it," Badar said. "I absolutely understand that the lady has a business that is a small building and needs space. If she would have gone to the city planning department, they would have come up with something within the confines of the policy."

Daniels is one of the finest business owners in the city and provides much needed nightlife, Badar said. But Daniels violated a code and should have to face the music.

Bertone understands how the situation can be seen as discrimination.

"The number one thing people wanted in this city was some downtown night life," Bertone said. "This is it, we finally got it, and for some reason we are not cooperating with it."

Bertone cited a previous incident when the City Council was reviewing parking of recreational vehicles in front yards of homes. During the review process, the council allowed vehicles to be parked in the front yards. Bertone believes that precedent should apply in Daniels' case.

"While we are looking at something, we said \ we are not going to enforce the rules," Bertone said. "Why are we treating her different?"

Bertone admitted Daniels made a mistake in not attempting to obtain a permit initially, but he doesn't view the current situation as a fair one. When the policy is reviewed he doesn't see a reason why an exception can't be made for Daniels and her shop.