West Virginia is better known for its majestic mountain ranges, coal mines, and logging industry than for casinos, but that does not mean it lacks options for those who want to gamble. The Mountain State is friendly to gamblers, who can legally engage in casino gaming, sports betting, horse race betting, video gaming terminals, lotteries, and daily fantasy sports. Legal online casinos, sportsbooks, and poker are also available to West Virginians.
The state is home to five commercial casinos, four of which operate as part of racetracks located in Wheeling, New Cumberland, Cross Lanes, and Charles Town. The Greenbrier Casino Club in White Sulphur Springs is the only commercial gaming venue that operates separately from a racetrack.
The Greenbrier Casino houses 37 tables for games like craps, baccarat, banked poker, blackjack, and roulette. Patrons can also take a spin on more than 300 slot machines, but the venue is open only to registered guests of the resort.
The commercial gambling industry has a significant impact on the Mountain State’s economy, as it accounts for over $487 million in annual tax revenue and employs more than 8,300 West Virginians. The state’s five commercial casinos collectively generated $668 million in gross gambling revenue, which further demonstrates the maturity of the local industry.
Landbased Gambling Laws in West Virginia
A mix of modern and old-fashioned laws governs the gambling industry in West Virginia. Gambling regulations are relatively lax, as the state allows a wide range of operations, including lotteries, video lottery terminals, and table games.
Indian gaming remains unavailable because West Virginia has no federally recognized tribes. The West Virginia Lottery Commission (WVLC) oversees most forms of legal gambling in the state. Let’s take a closer look at the laws that regulate brick-and-mortar gambling in the Mountain State.
State Lottery Act
Racetrack Video Lottery Act
Limited Video Lottery Act
Lottery Racetrack Table Games Act
Greenbrier Casino Act
West Virginia Code, Chapter 61, Article 10
State Lottery Act
Lotteries have been legal since the mid-1980s and are regulated under the provisions of West Virginia Code, Chapter 29, Article 22 (State Lottery Act). The legislation created the West Virginia Lottery Commission, defining its structure and regulatory duties. Lottery winners must be determined solely by chance during publicly held draws witnessed by an independent accountant appointed by the WVLC director.
Lottery players who win $1 million or more have the right to claim their prizes anonymously under Section 29-22-15a. Winners have 180 days to redeem their prizes and can receive them via electronic funds transfers, checks, or any other method approved by the Federal Reserve System. Any unclaimed winnings revert to the West Virginia Lottery Fund.
Selling lottery tickets to underage persons is prohibited, but adults can purchase and gift them to individuals under 18. If a minor wins $5,000 or more, a parent, relative, or legal guardian must collect the prize on their behalf. Counterfeiting or forging lottery tickets constitutes a criminal offense and is punishable by fines of up to $1,000 and/or imprisonment for up to one year. The same penalties apply to those who run unauthorized lotteries without a license.
Racetrack Video Lottery Act
Residents in the four counties with authorized racetracks approved video lottery terminals (VLTs) in a 1994 referendum, allowing the tracks to legally operate slot machines on their premises. VLTs at pari-mutuel facilities fall under West Virginia Code, Chapter 29, Article 22A, otherwise known as the Racetrack Video Lottery Act.
Under Section 29-22A-7, only facilities that hold valid licenses from the West Virginia Racing Commission may apply for VLT licenses. Players cannot use credit or debit cards to purchase credits for the machines. Section 29-22A-12 caps the maximum number of video lottery terminals per racetrack at 400.
Pari-mutuel operators can request WVLC approval to install additional terminals. The machines must be located in designated areas approved by the regulator. Installing or operating unauthorized gaming machines can result in fines of up to $25,000 and imprisonment for one year.
Limited Video Lottery Act
In 2001, West Virginia lawmakers passed the Limited Video Lottery Act, which legalized slot machines outside pari-mutuel facilities in stand-alone adult-only locations such as bars. These venues may collectively operate no more than 9,000 slot machines statewide. All gaming terminals must come from licensed manufacturers approved by the state regulator.
Licensed retailers can house up to seven video lottery terminals, although the Lottery Commission may authorize certain businesses to offer up to ten machines upon request. There must be at least 150 feet of distance between licensed outlets.
In 2021, the regulator approved a measure that set new operating hours for limited VLT operators, allowing them to open as early as 6:00 a.m. The slot machines must have a theoretical return of at least 80% but no more than 95% of the total amount wagered. As of November 2021, West Virginia had more than a thousand outlets with video lottery machines.
Lottery Racetrack Table Games Act
Chapter 29, Article 22C of the West Virginia Code legalized table games in the Mountain State. The legislation authorized the four racetracks to host games such as roulette, baccarat, craps, and blackjack provided they obtain the necessary licenses.
Table game operators may offer complimentary services and items to customers, including accommodations, beverages, food, tokens, and non-cash gifts. Maximum and minimum betting limits must be clearly displayed at each table, and the game rules should be readily available to patrons in printed form.
Greenbrier Casino Act
Greenbrier, one of the oldest resorts in the United States, has operated since the late 1770s. It gained authorization to offer slot machines and table games in 2007 under West Virginia Code, Chapter 29, Article 25 (Greenbrier Casino Act). It remains the only facility in the state authorized to operate casino-style games outside the four racetracks.
West Virginia Code, Chapter 61, Article 10
Chapter 61, Article 10 of the West Virginia Code (Crimes against Public Policy) sets out the penalties for illegal gambling activities. Operating gaming tables, keno, or slot machines without authorization can result in jail terms of two to twelve months and fines between $100 and $1,000.
Playing unauthorized chance-based games is a misdemeanor punishable by fines of $5 to $300 and, in severe cases, imprisonment for ten to thirty days. Cheating at gambling is likewise prohibited and can lead to up to one year in jail plus fines equal to at least five times the amount the cheater won.
Landbased License Types and Fees
All commercial gaming operations in West Virginia must obtain licenses. Racinos need both video lottery operator and table game operator licenses. One requirement is that the pari-mutuel facility hold a valid racing permit issued by the West Virginia Racing Commission. Applicants must be of good character and have clean criminal records. Licensed racinos pay annual fees of $500,000.
Fees Imposed on Gaming Venues Outside Racetracks
Supplier Licenses
Fees Imposed on Gaming Venues Outside Racetracks
Commercial casinos operating outside racetracks pay an initial application fee of $65,000. The renewal fee rises to $250,000 for the second year of operation and to $500,000 for the third year. Renewal fees for subsequent years are calculated via a complex formula but typically range from $500,000 to $2.5 million. At the time of writing, the Greenbrier Casino Club is the only commercial gaming venue that operates independently of a horse or dog racetrack.
Supplier Licenses
Companies that supply commercial casinos and racinos with table-game equipment must hold licenses. The West Virginia Lottery Commission may accept supplier permits issued in other jurisdictions, provided the licensing requirements are substantially the same as those in the Mountain State. Approved suppliers pay renewal fees of $100. Manufacturers of video lottery terminals face licensing fees of $10,000 per year.
Gambling Taxes in West Virginia
Section 29-22A-10 of the Racetrack Video Lottery Act sets the tax rates for authorized commercial gambling businesses. Licensed facilities that operate video lottery machines may retain only 46.50% of their net profits; the remainder supports horse-racing purses, employee pensions, and other racetrack programs. Table games are taxed at 35% of adjusted gross receipts.
Tax Allocation
Taxes Imposed on Players’ Winnings
Tax Allocation
The West Virginia Lottery Commission may allocate up to 4% of the taxes collected from video lottery terminals to cover its operating expenses. The remaining funds support employee pension plans, dog and horse racing purses, and the counties that host the gaming facilities. Revenue from video lottery terminals is distributed as follows:
| Racetrack Employee Pensions | 1.00% |
| Racing Commission | 1.00% |
| Thoroughbred Development Fund | 1.50% |
| County Governments | 2.00% |
| Tourism Fund | 3.00% |
| Employee Compensation Debt Reduction | 7.00% |
| Dog and Horse Racing Purses | 7.00% |
| WV Lottery Commission | 30.00% |
| Licensed Racetracks | 46.50% |
| Other Purposes | 1.00% |
Taxes Imposed on Players’ Winnings
The state does not tax players’ winnings from casino-style gaming. However, if a winner refuses to provide a taxpayer identification number or Social Security number, a 6.5% withholding tax applies. Federal backup withholding of 24% is imposed on winnings that exceed these thresholds: $600 for lotteries, $1,200 for slots and bingo, $1,500 for keno, and $5,000 for poker tournaments.
Responsible Gambling Policies
The minimum age for casino-style gambling in West Virginia is 21, consistent with most of the country. Lotteries and raffles have a lower threshold of 18. State gambling statutes contain no specific restrictions on gambling-related advertising.
Compulsive Gambling Treatment and Prevention
Self-Exclusion from Gambling
Other Responsible Gambling Requirements
Compulsive Gambling Treatment and Prevention
Section 29-22A-19 of the West Virginia Code created the Compulsive Gambling Treatment Fund. The Department of Health and Human Resources administers the fund and distributes money contributed by licensed gambling businesses to programs that treat and prevent gambling addiction. Operators must contribute between $150,000 and $500,000 to the fund each year.
Self-Exclusion from Gambling
West Virginians may voluntarily exclude themselves from gambling at commercial casinos, but must submit their exclusion requests in writing. Requests go to the Director of the Lottery Commission, who decides whether the exclusion is temporary or permanent. Individuals who wish to be removed from the list must once again submit written requests.
Other Responsible Gambling Requirements
Racetracks and stand-alone commercial casinos in West Virginia may offer complimentary drinks, but visibly intoxicated patrons cannot gamble on licensed premises. Retailers operating limited video lottery machines must post contact numbers for state-sanctioned compulsive gambling treatment providers in prominent locations. The signs must also warn players about the social, financial, and health risks associated with excessive gambling.
Legal Status of Online Casino Gambling
Legal online casinos came to the Mountain State in early 2019 when House Bill 2934 became the West Virginia Lottery Interactive Wagering Act (West Virginia Code, Chapter 29, Article 22E). The bill cleared the West Virginia Senate by a vote of 26-6 in March 2019 and reached Governor James Justice later that month. The Governor took no action, so the bill became law without further consideration.
Operator Licenses Cost and Validity
Occupational Licenses
Supplier and Management Services Provider Licenses
Operator Licenses Cost and Validity
In effect since June 2019, the Interactive Wagering Act follows the typical framework of U.S. online gambling legislation. It allows existing brick-and-mortar casinos to apply for interactive licenses so they can legally offer remote casino-style games and poker.
Each of the five land-based venues may operate only one gambling site and may accept online customers aged 21 or older who are physically located within state borders. Each authorized operator pays an initial fee of $250,000 when receiving an interactive license.
The permits are valid for five years, and their renewal costs $100,000 apiece. Licensed operators pay a 15% privilege tax on adjusted gross remote gaming receipts. Under Section 29-22E-16, these taxes can be remitted in weekly installments each Wednesday.
Occupational Licenses
Employees who directly participate in remote wagering activities must hold occupational licenses, each costing $100. Occupational licenses must be renewed annually by the end of June, with each renewal requiring a non-refundable $100 fee.
Supplier and Management Services Provider Licenses
Third-party entities contracted by land-based operators to conduct remote wagering also require authorization. These businesses must obtain management services provider licenses at a cost of $100,000. Supplier licenses are needed for individuals or companies that sell or lease remote gaming equipment and systems to West Virginia Lottery licensees. Supplier permits cost $10,000 each and must be renewed annually. The West Virginia Lottery maintains a comprehensive list of all interactive gaming licensees operating in the state.
Sports Betting Regulation in West Virginia
West Virginia became the fifth U.S. state to legalize sports betting when lawmakers approved it in 2018. The Mountain State accepted its first legal sports bet in late August of that year. Sports wagering is regulated under the West Virginia Lottery Sports Wagering Act (Section 29-22D of the West Virginia Code).
Up to 3 Mobile Skins per Landbased Operator
Betting on WV Collegiate Teams Is Possible
Wide Range of Sports and Bet Types
Taxes and Fees
Up to 3 Mobile Skins per Landbased Operator
The legislation allows existing racinos and casinos to offer both in-person and mobile sports wagering under license. Each of the five brick-and-mortar gambling locations may operate up to three mobile skins. The mobile platform must clearly display the logo of the corresponding licensed casino.
Betting on WV Collegiate Teams Is Possible
Anyone located within state lines can place bets as long as they are at least 21 years old. West Virginia imposes few restrictions on eligible events, allowing wagers on a wide range of professional and collegiate games, including those involving West Virginian college teams. Betting on high-school sports is prohibited because the participants are minors.
The West Virginia Lottery Commission regulates both retail and mobile sports wagering. Bettors can view the full list of sports betting licensees on the Lottery’s website. The Greenbrier Casino Club partners with BetMGM and FanDuel, while the Charles Town and Cross Lanes racinos have teamed up with Barstool Sports/Penn National Gaming and William Hill/Caesars Entertainment, respectively.
Wide Range of Sports and Bet Types
Authorized sportsbooks cover a wide range of sports, including soccer, basketball, football, boxing, baseball, hockey, and motor racing. They also provide an extensive lineup of bet types, with parlays, straight bets, props, teasers, futures, and round robins among the most common options. Registered and verified online customers can also access numerous in-play markets.
Taxes and Fees
The state levies a 10% tax on the gross sports betting revenue of authorized sportsbooks. Licenses cost $100,000 each and must be renewed every five years for the same amount. No integrity fees are payable to professional sports leagues under West Virginia law.
Gambling Regulatory Bodies in West Virginia
The West Virginia Lottery Commission (WVLC) oversees most gambling businesses in the state, including retail VLT operators, commercial casinos, and sportsbooks. Created in the mid-1980s after the passage of the State Lottery Act, the WVLC consists of seven members, including a certified public accountant, a lawyer, and a marketing expert.
The governor appoints the members with the consent of the state Senate. The rules dictate that no more than four members of the regulatory body may belong to the same political party. The agency’s members serve five-year terms and are eligible for reappointment after their terms expire.
Conclusion
Despite its small size, West Virginia has a well-developed gambling industry that makes a substantial contribution to the local economy. Four racinos and one standalone commercial casino have authorization to offer land-based and remote casino-style gambling. In-person and mobile sports wagering is also available in the Mountain State.
Moreover, West Virginia is likely to witness further gambling expansion in the future. The Senate approved a bill in early 2022 that could enable the four racetracks to launch second casinos in their counties if it moves forward. The state’s sports wagering legislation was also amended recently to allow legal wagering on esports.
