Leiby’s Ice Cream House and Restaurant in South Tamaqua must obtain a highway occupancy permit before it can reopen.

West Penn Township engineer Bill Anders said at Monday morning’s board of supervisors meeting that Leiby’s has not met all the requirements for a highway occupancy permit.

However, the application is under review, according to owner Daniel Leiby, who said the business is looking to employ about 120 people once it opens.

Supervisor Ted Bogosh asked, “Is there any way we can assist this business to get these people back to work?”

The board unanimously agreed to have the township solicitor and engineer get together with the Pennsylvania Department of Transportation’s District 5, and Leiby’s.

Leiby said the highway permit is all that’s needed. “At this time to my knowledge, that is the only thing we’re waiting on; everything kind of hinges on that supposedly, is what I’m being told.”

Leiby said the 120 employees will include servers, cooks, cashiers, bakers.

“As far as everything here, we’re ready to go,” he said. “It’s out of our hands.”

Leiby said once the business reopens, it will naturally feature its famous pies and ice cream.

“If everybody was a fan of the food before, they’re definitely really going to be a fan of it now,” he said.

Last week, the Walker Township Zoning Hearing Board agreed to grant an application to Leiby’s Dairy Inc., 116 Mountain Road, Tamaqua,

Leiby’s was granted a special exception under a section of the ordinance to expand the existing nonconforming use of the property as an ice cream manufacturing plant.

The business was also granted a variance from a section of the zoning ordinance to allow for an expansion of the existing nonconforming in excess of 25 percent of the area occupied by the use at the time of the effective date of the zoning ordinance; and a variance from a section of the ordinance to allow for a maximum of 40 percent impervious coverage upon the parent tract.

Founded and opened in 1965, Leiby’s closed its doors in 2007.

Last year, members of the Leiby family acquired the building and began renovations to reopen.