How to get a gambling licence in West Virginia: fees and steps

Unlike states that split casino and sports betting between separate bodies, West Virginia runs both online verticals through the West Virginia Lottery Commission, a seven-member commission created under W.Va. Code §29-22-4 with the Lottery Director running day-to-day licensing and enforcement.

• Online casino and online poker sit under the West Virginia Lottery Interactive Wagering Act (§29-22E, 2019); online and retail sports betting sit under the West Virginia Lottery Sports Wagering Act (§29-22D, 2018). Both are administered by the same Commission.
• Sports betting launched first: the first legal wager was placed at Hollywood Casino at Charles Town on 30 August 2018, weeks after the Supreme Court struck down the federal PASPA ban in Murphy v. NCAA (14 May 2018). Online casino went live in July 2020.
• The Commission issues the operator licences, the management-services-provider and supplier licences, promulgates the interactive-wagering legislative rule and the minimum internal control standards, and runs the exclusion list.

Laws that apply

• W.Va. Code §29-22E, West Virginia Lottery Interactive Wagering Act (enacted 2019): online casino and online poker. §29-22E-6 operator licence, §29-22E-7 management services provider, §29-22E-8 supplier, §29-22E-16 privilege tax.
• W.Va. Code §29-22D, West Virginia Lottery Sports Wagering Act (enacted 2018): online and retail sports betting. §29-22D-6 operator licence, §29-22D-16 privilege tax.
• W.Va. Code §29-22A, Racetrack Video Lottery Act: the underlying licence held by the four racetrack casinos, and a gateway condition for their online licences.
• W.Va. Code §29-25, West Virginia Lottery Gaming Facility (historic resort hotel) Act: the underlying licence held by The Greenbrier, the state’s one non-racetrack gaming facility.
• W.Va. Code §29-22-1 et seq., State Lottery Act: creates the seven-member State Lottery Commission (§29-22-4) that issues and supervises every licence above.
• Bank Secrecy Act, 31 U.S.C. §5311 et seq.: casinos are financial institutions with federal anti-money-laundering duties administered by FinCEN.

The single most important structural fact: West Virginia does not license online operators directly. The interactive wagering and sports wagering licences may be held only by the state’s five existing land-based casinos. Everyone else enters as a partner of one of those five.

• To hold an interactive wagering licence the applicant must already hold a valid racetrack video lottery licence (§29-22A) or a valid gaming facility licence (§29-25). Only the four racetracks and The Greenbrier qualify (§29-22E-6).
• The Commission may issue no more than five interactive wagering licences, one per eligible casino, which is why the market is capped at those five (§29-22E-6). The sports wagering track mirrors this: eligibility runs through the same racetrack and gaming-facility licences (§29-22D-6).
• Each licensed casino may offer up to three individually branded online skins per vertical. Every skin partner must display the logo of the license-bearing casino inside its platform, so 5 casinos times 3 skins caps each vertical at roughly fifteen consumer brands.
• A brand without its own West Virginia casino (DraftKings, FanDuel, BetMGM, Caesars, BetRivers and others) reaches the market by signing a market-access deal with one of the five and then licensing as that casino’s management services provider.

Three licence types sit under each Act. The casino holds the operator licence; the brand that actually runs the platform holds a management-services-provider licence; and anyone selling the gaming systems or equipment holds a supplier licence. All fees are stated directly in §29-22E for online casino and §29-22D for sports.

• Operator licence: the casino applies and, on payment of the fee, the Commission grants the licence for five years, renewable for further five-year periods so long as the operator keeps meeting the qualification requirements (§29-22E-6, §29-22D-6).
• Management services provider (§29-22E-7): any entity that runs the interactive operation under contract with the casino, and any entity or individual sharing in interactive wagering revenue (including revenue-share affiliates), must hold this licence. This is the licence a DraftKings or a BetMGM actually holds in West Virginia.
• Supplier (§29-22E-8): anyone selling or leasing interactive wagering equipment, systems or gaming items to a licensee, and offering related services, must hold a supplier licence; the equipment must conform to Commission standards.
• The sports wagering Act carries a parallel management-services-provider and supplier structure (§29-22D-7, §29-22D-8); the sports MSP licence tracks the same $100,000 pattern.

Every applicant, its holding companies and its key persons must be found suitable by the Commission before a licence issues. West Virginia leans on its existing casino-licensing regime, so the suitability bar is the same one the racetracks and The Greenbrier already clear.

• The operator applicant must hold, in good standing, a racetrack video lottery licence (§29-22A) or a gaming facility licence (§29-25), and must continue to meet all qualification requirements for the life of the online licence.
• Owners, officers, directors and key employees undergo background investigation for good character, honesty and integrity, and financial responsibility; the Commission may accept suitable licensing from another recognised US jurisdiction to speed a management-services-provider or supplier review.
• The applicant funds the Commission’s investigation costs, demonstrates the integrity of its funding sources, and discloses its ownership and control structure to the Commission.
• The Commission may deny, suspend or revoke a licence, or refuse a renewal, where an applicant no longer meets the statutory conditions.

West Virginia taxes the two verticals at different rates, both charged on adjusted gross receipts (revenue after paying out winnings). The online-casino rate of 15% is the lowest online-casino tax in the United States.

• The 15% interactive wagering privilege tax is remitted to the Commission and, after the Commission’s administrative retention, flows to the State Lottery Fund created by §29-22-18 (§29-22E-16).
• The 10% sports wagering privilege tax is charged on adjusted gross sports wagering receipts (§29-22D-16); operators may deduct winnings paid to bettors when computing the base, and promotional-credit treatment follows the Act.
• Player winnings: West Virginia applies 4.92% state backup withholding on gambling winnings whenever federal backup withholding is triggered; winnings are otherwise reported through normal state income tax.
• Federal corporate income tax and West Virginia corporate net income tax apply on profit on top of the privilege tax where the operator is taxed in the state.

Before a system goes live it must be certified by an independent testing laboratory approved by the Commission and meet the Commission’s minimum internal control standards. Wagers may be accepted only from players physically inside West Virginia.

• All interactive gaming systems, platforms and associated equipment and software must be tested and approved by an independent testing laboratory approved by the Commission (the GLI-type labs used across US states), against Commission technical standards.
• Geolocation: the operator may accept a wager only from an individual physically located within West Virginia, verified via a Commission-approved mobile or digital platform; out-of-state play must be blocked (§29-22E).
• The Wire Act (18 U.S.C. §1084) and industry practice require bet transmission and the gaming servers to stay inside state lines; keep the platform, RNG and player-account systems within the approved in-state architecture.
• Each player holds a verified account with identity and age verification (21-plus) at registration; the Commission publishes minimum internal control standards governing accounts, funds handling, game rules and reporting.

West Virginia sets the minimum age at 21 for both online casino and sports betting, runs a self-exclusion regime and funds problem-gambling treatment from gaming revenue.

• Minimum age is 21 to place any wager, online casino or sports (§29-22E, §29-22D).
• Responsible-gaming messaging is mandatory: the statement "If you or someone you know has a gambling problem and wants help, call 1-800-GAMBLER" must appear in every designated interactive-wagering area and on every mobile app or digital platform used to place wagers (§29-22E).
• Self-exclusion: the Director of the West Virginia Lottery may place an individual on the exclusion list, on request or otherwise, and decides whether the exclusion is permanent; an excluded person may petition in writing to be removed. A log of excluded players is kept by the Commission and each licensee.
• The Compulsive Gambling Treatment Fund (§29-22A-19), administered through the state’s health agency, receives between $150,000 and $500,000 each fiscal year from gaming operations to fund problem-gambling programs.

As US casino licensees, West Virginia operators are financial institutions under the federal Bank Secrecy Act, with duties administered by FinCEN, layered on top of the Commission’s own internal-control standards.

• Maintain a written AML program: customer identification and verification at account opening, transaction monitoring, and designation of an AML compliance officer.
• File Currency Transaction Reports and Suspicious Activity Reports with FinCEN under the Bank Secrecy Act (31 U.S.C. §5311 et seq.) and applicable Treasury regulations.
• Keep AML and transaction records for the federally required retention period and train relevant staff; apply enhanced diligence to higher-risk accounts.
• The Commission’s minimum internal control standards reinforce these duties inside the licensed operation and are examined on audit.

West Virginia does not impose a heavy statutory advertising ban, but marketing must carry the responsible-gaming message and target only adults, and promotional credits interact with the tax base.

• The 1-800-GAMBLER responsible-gaming statement must appear on the platforms and in designated areas; ads must not target or appeal to minors.
• College sports betting is permitted: the regulations do not prohibit wagering on college teams or events within the state, so sportsbook marketing may reference college sport.
• Promotional credits and bonuses are permitted; on the sports side operators may deduct winnings paid to bettors, and promotional-credit deductibility follows the Act, so the marketing spend interacts with the taxable-revenue base.
• Only licensed, in-state operators may advertise real-money online gambling to West Virginia residents; advertising an unlicensed offshore site is not lawful market conduct.

The Commission enforces through suitability, audit and its licensing power, and West Virginia participates in the multi-state online-poker liquidity pool. The market is small but among the most operator-friendly in the country on tax.

• Enforcement runs through the licence: the Commission can deny, suspend, revoke or decline to renew, and can exclude individuals; operating interactive or sports wagering without the licence is unlawful gambling under West Virginia law.
• Online poker: West Virginia is a party to the Multi-State Internet Gaming Agreement (MSIGA), so in-state poker patrons may share liquidity with players in Nevada, New Jersey, Delaware and Michigan, which materially improves poker economics for a small state.
• Market context: online casino has been live since July 2020 and the 15% tax rate is the lowest online-casino rate in the US, which has made West Virginia attractive despite its small population; the live brands include DraftKings, FanDuel, BetMGM, Caesars and BetRivers, each tethered to one of the five casinos.
• Cryptocurrency is not accepted as a payment method for gambling transactions in West Virginia; funding runs through conventional regulated payment rails.

The route to a live West Virginia online operation, in practical order. The regulatory licence and the commercial market-access deal run in parallel, and neither alone gets you live.

1. 01

   Pick your vertical and confirm the five-casino cap

   §29-22E-6 · §29-22D-6

   Decide whether you are entering online casino (§29-22E), online sports betting (§29-22D) or both. Note that only the four racetrack casinos and The Greenbrier can hold the operator licence, and no more than five interactive wagering licences exist.

2. 02

   Negotiate market access with one of the five casinos

   Commercial · up to 3 skins each

   Sign a market-access deal for one of a casino’s three skin slots in your vertical. This is a private commercial negotiation (fee or revenue share) and is the real gate to entry; without it there is no application to make.

3. 03

   Prepare the suitability and background dossier

   Owners, officers, key persons

   Compile ownership and control disclosures and background material for the entity and its key persons on good character, honesty, integrity and financial responsibility, and be ready to fund the Commission’s investigation.

4. 04

   File the management-services-provider licence and pay $100,000

   §29-22E-7 · $100,000 + $100,000/yr

   As the brand running the platform under contract with the casino, apply for the management-services-provider licence and pay the $100,000 nonrefundable fee (identical $100,000 annual renewal). Any revenue-share affiliate must also be licensed here.

5. 05

   License your suppliers ($10,000 each)

   §29-22E-8 · $10,000 + $10,000/yr

   Ensure every vendor selling or leasing your interactive gaming systems, equipment or related services to the licensee holds a supplier licence at $10,000 (nonrefundable, $10,000 annual renewal), with equipment conforming to Commission standards.

6. 06

   Certify the platform with an approved independent lab

   Independent testing laboratory

   Get the interactive gaming system, platform, RNG and associated software tested and approved by an independent testing laboratory approved by the Commission, against the Commission’s technical standards and minimum internal control standards.

7. 07

   Build in-state geolocation and 21-plus verification

   Geolocation · age 21+

   Deploy geolocation so wagers are accepted only from players physically in West Virginia, keep the servers and bet transmission in-state, and enforce identity and 21-plus age verification at account registration.

8. 08

   The casino files the operator licence

   §29-22E-6 · $250,000 / 5 yr (sports $100,000)

   The eligible casino applies for the interactive wagering operator licence and pays the $250,000 application fee for the five-year term (sports operator licence is $100,000). On payment and suitability the Commission grants the licence.

9. 09

   Integrate self-exclusion and responsible-gaming tooling

   1-800-GAMBLER · exclusion list

   Wire in the West Virginia exclusion list so excluded players cannot register or play, keep the licensee exclusion log, and surface the mandatory "1-800-GAMBLER" responsible-gaming message across the platform.

10. 10

    Stand up AML under the Bank Secrecy Act

    31 U.S.C. §5311 · FinCEN

    Implement the written AML program, CTR/SAR filing to FinCEN, record retention and staff training, aligned with the Commission’s minimum internal control standards.

11. 11

    Go live and run ongoing tax and reporting compliance

    15% online casino · 10% sports

    Launch under the casino’s licence. Remit the 15% interactive wagering tax and the 10% sports wagering tax on adjusted gross receipts to the Commission, apply 4.92% backup withholding where required, and keep the audit and reporting feeds current.

Tier-ordered: official government first, then practitioner, then trade media. Every primary figure was read from the in-force text on 28 Jul 2026.