James A. Roe v. E. R. Hopper

This action was commenced by plaintiff-appellant, James A. Roe, seeking a declaratory judgment of his rights under the provisions of I.C. §§ 23-942, 23-944, 23-946, and for an order restraining defendant-respondent, E. R. Hopper, Commissioner of Law Enforcement, from requiring appellant to maintain a sign over the doorway to his dining room restricting its use by minors. From a judgment requiring appellant to maintain such sign, this appeal is taken. The issues were presented to the trial court upon stipulated facts which disclose that appellant is a sub-lessee of two rooms in a building known as ""Spencer's"" located in Lewiston, Idaho, which is leased and operated by one Spencer Haworth. Appellant as a sub-tenant of Spencer Haworth in the space leased by appellant operates a licensed business engaged in the retail sale of liquor and beer by the drink and a dining room; that the two rooms occupied by appellant are situate with a door leading from the coffee shop, cafe and kitchen operated by Mr. Haworth into the cocktail lounge and another leading to the dining room leased by appellant.