West Virginia Gaming License: Categories, Fees, and Eligibility

To operate any gaming activity in West Virginia, you need a license from the West Virginia Lottery Commission, and the West Virginia gaming license requirements vary widely depending on whether you want to run a racetrack casino, place video lottery terminals in bars, offer table games, launch an online sportsbook, supply equipment, or work on a gaming floor. Fees range from $100 for a gaming facility supplier to $250,000 for an interactive wagering license, every applicant faces a fingerprint-based background check, and financial and ownership disclosures reach every stockholder, officer, and key employee with influence over the business.

Who Issues the License

The West Virginia Lottery Commission (WVLC) is the sole licensing authority. It was created under the West Virginia Lottery Act and has the power to issue and renew licenses, investigate applicants, audit operations, and impose fines, suspensions, or permanent revocations.¹ There is no separate municipal or county gaming license; everything runs through the WVLC.

License Categories and Fees

West Virginia’s gaming licenses fall into four operator categories, each governed by its own chapter of state code. Which one applies to you determines your eligibility, your fee, and often whether you can apply at all.

Racetrack Video Lottery

The Racetrack Video Lottery Act authorizes licensed horse and greyhound racetracks to operate video lottery terminals. Before you can apply, you must already hold a valid racing license from the West Virginia Racing Commission. Revenue is subject to a 10% surcharge on net terminal income above the facility’s fiscal year 2001 baseline.²

Table Games

Table games are authorized under two separate acts: the Racetrack Table Games Act, which lets existing racetrack video lottery licensees add table games, and Article 25 of the West Virginia Lottery Act, which created a path for a standalone gaming facility. Either way, you need either an existing racetrack video lottery license or you must meet the Article 25 gaming facility requirements. A standalone casino with no racetrack connection is not permitted.¹

The nonrefundable application fee for a gaming facility license is $65,000. Renewal fees climb on a graduated schedule: $250,000 in the second year, $500,000 in the third year, and after that a formula-based amount that divides the facility’s adjusted gross receipts by the statewide average for all licensed pari-mutuel racetracks and multiplies the resulting percentage by $2,500,000. The renewal amount cannot fall below $500,000 or exceed $2,500,000 in any given year.¹ Table game revenue is taxed at 35% of adjusted gross receipts.³

Limited Video Lottery

The Limited Video Lottery Act covers video lottery terminals placed in bars, restaurants, fraternal organizations, and similar establishments. This is the most accessible category because it does not require an existing racing license.

The structure splits into two licenses. An operator license, for any entity that places and services machines on a retailer’s premises, costs $10,000 per year. A limited video lottery retailer license, for the establishment hosting the machines, costs $500 per year. Service technicians who maintain the terminals pay $100 annually.⁴ Each license expires one year from issuance and must be renewed by fresh application.

Interactive Wagering

The West Virginia Lottery Interactive Wagering Act authorizes online casino gaming and sports betting. The WVLC may issue no more than five interactive wagering licenses statewide, and only holders of a racetrack video lottery license or a gaming facility license may apply. The online market is therefore tied to the same brick-and-mortar operators.⁵

The application fee is $250,000, nonrefundable. Licenses run five years and renew at $100,000 per five-year term. Any management services provider running day-to-day operations for a licensee needs its own license at $100,000, with a $100,000 annual renewal.⁶ Any affiliate or other entity that shares in interactive wagering revenue must also be licensed under those same management services provider provisions.

Suppliers and Employees Need Their Own Licenses

Licensing reaches past the operator. A company that sells or leases gaming devices, software, or related equipment to a licensed facility needs a supplier license, which requires a background investigation and product testing against WVLC technical standards. The gaming facility supplier application fee is $100.⁷ Interactive wagering suppliers pay $10,000, with the same amount at each annual renewal.⁸

Every person directly involved in gaming operations at a licensed facility, including dealers, floor supervisors, cage cashiers, and surveillance staff, must hold a valid occupational license. For interactive wagering employees, the application fee is $100, with a $100 renewal due each June 30. Employers may pay these fees for their workers.⁹ Applicants pass a background check; convictions involving dishonesty or gambling violations can disqualify them, and the WVLC can revoke an occupational license at any time if the holder is later found unfit.

Baseline Eligibility Rules

Regardless of category, applicants must be at least 21 years old and legally able to enter contracts. A business entity must be registered with the West Virginia Secretary of State and remain in good standing. Applicants must demonstrate financial stability, meaning enough capital to fund operations without questionable funding sources.¹

Ownership disclosure is a hard requirement. Every stockholder, director, executive officer, and key employee with power to influence business decisions must be identified in the application. Publicly traded corporations get special provisions, but the WVLC keeps authority to investigate any ownership structure it considers opaque.¹ Applicants typically submit a detailed business plan covering operations, staffing, and compliance procedures, and must fully disclose any prior involvement in gaming anywhere. Regulatory infractions in other jurisdictions can weigh against an applicant even without a conviction.

The Background Investigation

Every applicant submits fingerprints for a national criminal records check run through the FBI’s Criminal Justice Information Services division. The FBI’s Identity History Summary Check costs $18 per person.¹⁰ The federal fee is the small piece. The WVLC’s own review of financial history, business associations, and personal background runs deeper.

Felony convictions involving fraud, embezzlement, or other financial crimes will almost certainly disqualify an applicant. Misdemeanor offenses involving dishonesty or gambling violations are weighed case by case. You must disclose every past arrest and conviction, including expunged records. Omitting information is treated as seriously as the underlying offense; incomplete disclosure alone can result in permanent disqualification.

Financial vetting looks at tax records, bank statements, and the source of every dollar going into the operation. Outstanding tax bills, unresolved bankruptcies, or significant debts raise red flags. Investigators specifically look for hidden ownership stakes, money laundering, or funds derived from illegal activity.

How the Application Moves Through the Commission

You get the forms directly from the WVLC. The submission must include financial statements, proof of business registration, ownership disclosures, and personal background information for every individual with a significant role. Application fees are nonrefundable and, again, vary by category: $65,000 for a gaming facility, $250,000 for interactive wagering, $100 for a gaming facility supplier.¹⁵

Once the WVLC has a complete application, it starts background checks, financial audits, and in some cases interviews with key personnel. Investigators may visit proposed business locations to verify zoning compliance, security infrastructure, and facility standards. Local authorities may weigh in on community impact. Review can stretch over several months, and nothing in the statute obligates the WVLC to expedite it.

Approved applicants may receive a provisional license while final compliance checks finish. Denied applicants can challenge the decision through administrative hearings.¹

What You Owe Once Licensed

Table game licensees pay 35% of adjusted gross receipts on an accrual basis.³ Racetrack video lottery operations pay the 10% surcharge on net terminal income above the fiscal year 2001 baseline.² These are statutory taxes, not revenue-sharing, and inaccurate or late payment can trigger enforcement up to revocation.

Federal obligations sit on top. Every casino must maintain a written anti-money laundering program with internal controls, independent testing, staff training, and a designated compliance officer, and must file Currency Transaction Reports and Suspicious Activity Reports under 31 CFR Part 1021.¹¹¹² Operators must also withhold federal income tax on qualifying winnings at 24% and report them on Form W-2G.¹³ These federal duties are independent of anything the WVLC does, and violations bring federal penalties on their own.

Renewals

Most licenses renew annually; interactive wagering runs on a five-year cycle. Renewal is not automatic. Licensees submit updated financial disclosures, compliance reports, and documentation of any changes in ownership or management. Renewal fees by category:

The WVLC audits between renewals and conducts on-site inspections. Outstanding tax obligations, unresolved legal disputes, or operational violations may have to be cleared before a renewal is approved. Late renewals can bring penalties, suspension, or forced cessation of gaming.

Grounds for Denial or Revocation

The WVLC can deny a new application or revoke an existing license for financial instability, undisclosed ownership interests, prior violations of gaming law in any jurisdiction, or criminal convictions involving dishonesty or financial misconduct. Incomplete or inaccurate application information is treated as an independent basis for denial, separate from whatever went undisclosed.

For existing licensees, warnings and fines usually come before revocation, but serious violations accelerate the timeline. Underreporting revenue, allowing prohibited individuals to gamble, failing to implement responsible gaming measures, or any involvement in money laundering or tax evasion can lead to immediate suspension and referral for criminal prosecution. Denials and revocations can be appealed through the WVLC’s administrative hearing process, but the licensee carries the burden of presenting substantial evidence to overturn the decision.¹

1
West Virginia Legislature. West Virginia Code 29-25-9 – License to Operate a Gaming Facility
2
West Virginia Legislature. West Virginia Code 29-22A-10c – Racetrack Video Lottery Revenue Surcharge
3
West Virginia Legislature. West Virginia Code 29-22C-26 – Table Games Tax Rate
4
West Virginia Legislature. West Virginia Code 29-22B-501 – Operator License
5
West Virginia Legislature. West Virginia Code 29-22E-6 – Operator License for Interactive Wagering
6
West Virginia Legislature. West Virginia Code 29-22E-7 – Management Services Provider License
7
West Virginia Legislature. West Virginia Code 29-25-11 – License to Supply Gaming Facility
8
West Virginia Legislature. West Virginia Code 29-22E-8 – Supplier License Requirements
9
West Virginia Legislature. West Virginia Code 29-22E-9 – Occupational Licenses
10
Federal Bureau of Investigation. Identity History Summary Checks Frequently Asked Questions
11
eCFR. 31 CFR Part 1021 – Rules for Casinos and Card Clubs
12
eCFR. 31 CFR 1021.320 – Reports by Casinos of Suspicious Transactions
13
Internal Revenue Service. Instructions for Forms W-2G and 5754