West Virginia Gaming License
W. Va. Code §29-22E-6 caps interactive wagering at five licenses, and reserves all five for the state's five licensed casinos. A West Virginia gaming license is any permission the West Virginia Lottery Commission grants under that code, from interactive wagering to limited video lottery. West Virginia is a separate state from Virginia, with a different regulator and a different code.
What is a West Virginia gaming license?
Every interactive wager placed in West Virginia is a West Virginia Lottery game owned by the State, under §29-22E-6(b). A West Virginia gaming license is the West Virginia Lottery Commission's authority to conduct those games. The Commission issues a separate license for each role and vertical under the W. Va. Code, from interactive wagering to limited video lottery.
That construction is unusual and it changes what a licensee is buying. In most regulated markets an operator sells its own product under supervision. In West Virginia the product belongs to the state lottery, and the license sets the terms on which a licensee may run them. Every rule the Commission writes under §29-22E flows from that starting point.
The same logic runs through sports betting. The West Virginia Lottery Sports Wagering Act (§29-22D) legalized sports wagering in 2018, ahead of the interactive wagering statute. Both sit with the same regulator on the same land-based footing.
Who regulates gambling in West Virginia?
The West Virginia Lottery Commission, created under §29-22-1 et seq., licenses and supervises every commercial gaming vertical. Racetrack video lottery, table games, interactive wagering, sports wagering, limited video lottery and the historic resort hotel sit with the same body. West Virginia has no separate gaming board. A Director appointed by the Governor under §29-22-6 runs the office.
Placing online casino under a lottery regulator is a structural difference, not a naming quirk. The Commission has run state lottery products for decades, so an applicant deals with an established administrative body rather than a young online-gambling authority.
One power sits outside the Commission. The West Virginia Attorney General runs a separate enforcement line against unlicensed operators, including the sweepstakes sector covered further down this page. The Commission licenses and supervises; the Attorney General investigates and prosecutes. An applicant can satisfy the Commission and still face the Attorney General over a product it ran before licensing.
What types of gaming licenses are available in West Virginia?
The W. Va. Code sets out separate licenses for each role and vertical. Four instruments govern online gaming: Interactive Wagering Operator, Management Services Provider, Interactive Wagering Supplier and Occupational. Sports wagering has its own operator license under §29-22D. Land-based gaming runs through racetrack video lottery, racetrack table games, the historic resort hotel article and limited video lottery.
| License | Code section | Who holds it | Term | Fee | Renewal |
|---|---|---|---|---|---|
| Interactive Wagering Operator | §29-22E-6 | Holder of a racetrack video lottery or gaming facility license | Five years | $250,000 | $100,000 |
| Management Services Provider | §29-22E-7 | Third party running the platform or brand for an operator, and anyone sharing in revenue | One year | $100,000 | $100,000 a year |
| Interactive Wagering Supplier | §29-22E-8 | Supplier of interactive wagering equipment, systems and services | One year | $10,000 | $10,000 a year |
| Occupational | §29-22E-9, rule 179-10-23 | Staff with assigned duties as interactive gaming manager or customer service representative | Set by Commission rule | Set by Commission rule | Set by Commission rule |
| Sports Wagering Operator | §29-22D-6 | Holder of a racetrack video lottery or gaming facility license | Five years | $100,000 | $100,000 |
| Racetrack video lottery | §29-22A | Licensed thoroughbred or greyhound racetrack | Set under §29-22A | Set under §29-22A | Set under §29-22A |
| Racetrack table games | §29-22C | Licensed racetrack; suppliers license separately under §29-22C-12 | Set under §29-22C | Supplier $100 | Supplier $100 a year |
| Gaming facility, historic resort hotel | §29-25 | A qualifying historic resort hotel | Set under §29-25 | $65,000 application (§29-25-9) | Set under §29-25 |
| Limited video lottery: manufacturer, operator, retailer, service technician | §29-22B-501, §29-22B-518 | Four separate roles in the retail terminal network | One year | $10,000 operator or manufacturer; $500 retailer; $100 technician | Same amount each year |
Interactive Wagering Operator License
Section 29-22E-6 sets a $250,000 application fee, a five-year term and a $100,000 renewal fee. An applicant must already hold a valid racetrack video lottery license under §29-22A or a valid gaming facility license under §29-25.
The statute permits no more than five of these licenses in the state. Section 29-22E-6 says the Commission may issue up to five licenses to operate West Virginia Lottery interactive wagering. No more than five shall be permitted. West Virginia has exactly five qualifying land-based venues, so the cap and the eligible population are the same number.
Management Services Provider License
Section 29-22E-7 charges a nonrefundable license and application fee of $100,000. This is the license a third-party company takes when it runs a skin on behalf of an operator license holder. Read the renewal clause before modeling the cost. The license renews annually and the annual renewal fee is also $100,000, so the charge recurs every year.
The Commission may accept licensing by another jurisdiction it determines to have similar licensing requirements as evidence that an applicant meets the standard. Pennsylvania has no equivalent, which makes this section worth reading closely for any company already licensed in New Jersey, Pennsylvania or Michigan.
Interactive Wagering Supplier License
Section 29-22E-8 charges $10,000, runs a first term of one year and renews annually at $10,000. A supplier sells or delivers interactive wagering equipment, systems and services to an operator license holder, and must report that inventory to the Commission. Every system supplied has to be tested and approved by an independent testing laboratory the Commission approves.
Do not confuse this instrument with the racetrack table games supplier license under §29-22C-12, which costs $100 and renews at $100 a year. Published guides have applied the $100 figure to the interactive vertical, understating the real fee by a factor of one hundred. Two separate statutes, two separate suppliers, two fees a hundredfold apart.
Occupational License
Section 29-22E-9 requires licensing for people employed directly in interactive wagering activities, and lets the Commission set job classifications by rule. Rule 179-10-23 names the classifications. Anyone employed by or contracted to an interactive gaming operator or a management services provider is covered when assigned duties as interactive gaming manager. So is a customer service representative with access to confidential player account information.
The same rule draws a line that decides an affiliate's cost. Affiliate companies not involved in the offering or placement of the wager are deemed registrants rather than licensees. Those companies register with the Commission instead of holding a license. Registration and licensure are different instruments with different obligations, and the wrong classification is an expensive mistake in either direction.
Sports Wagering Operator License
Section 29-22D-6 charges a $100,000 application fee for a five-year term, renewable at $100,000. The land-based prerequisite is identical to interactive wagering: a valid racetrack video lottery license or a valid gaming facility license. Sports wagering pays 10% privilege tax under §29-22D-16. A licensee with negative adjusted gross receipts in a week carries that amount forward.
Land-based: racetrack video lottery, table games, historic resort hotel
Three articles carry the land-based rules. Racetrack video lottery sits in §29-22A. Racetrack table games sit in §29-22C, taxed at 35% of adjusted gross receipts under §29-22C-26. The historic resort hotel article, §29-25, covers The Greenbrier, and §29-25-9 charges a nonrefundable $65,000 application fee for a gaming facility license.
Fees for the racetrack categories are set inside their own articles and are not gathered into a single published schedule. Confirm each one against the relevant article and with the Commission before it enters a budget.
Limited Video Lottery
Section 29-22B-501 creates four license types for the retail terminal network: manufacturer, operator, video lottery retailer and service technician. Each license expires one year from issuance and may be renewed. Section 29-22B-518 sets the annual fees: $10,000 for an operator or a manufacturer, $500 for a retailer and $100 for a service technician. Around 8,563 limited-stakes terminals operate in bars and clubs across the state, generating $470.0 million in fiscal 2025. The vertical is commercially real, and it sits well outside an online operator's scope.
Can a company get a West Virginia online gaming license without a land-based casino?
No. West Virginia runs a land-based tether. Under §29-22E-6 the Interactive Wagering Operator License goes only to a holder of a racetrack video lottery or gaming facility license. West Virginia has five such venues and a ceiling of five licenses. An outside company enters as a Management Services Provider or as a Supplier.
The two routes carry very different prices. The Management Services Provider License costs $100,000 at application and $100,000 again at every annual renewal. The Interactive Wagering Supplier License costs $10,000 and renews annually at $10,000. Which one applies is decided by what the company actually does, not by which fee suits its budget.
Nothing in the article creates a purchasable license, and no offshore permission reaches a West Virginia player. A Curacao gaming license or an Anjouan gaming license authorizes business in other markets and carries no authority in this one.
Do affiliates need a license in West Virginia?
Yes, when the affiliate shares in revenue. Section 29-22E-7(d) covers any entity or individual who shares in revenue, including an affiliate on a revenue share agreement. All of them must be licensed under that section. That section is the Management Services Provider License. A revenue-share affiliate carries a $100,000 fee and a $100,000 annual renewal.
That is one of the highest affiliate entry costs in United States online gaming, and the wording leaves little room to argue around it. Rule 179-10-23 supplies the other half of the picture. An affiliate company outside the offering or placement of the wager is treated as a registrant, not a licensee. Revenue share is what pulls a marketing partner across the line into licensure.
The contrast with neighboring states is sharp. In New Jersey a revenue-share affiliate takes an Ancillary Casino Service Industry Enterprise license, with a minimum fee of $2,000. In Michigan the same arrangement requires an internet gaming supplier license. Pennsylvania has no comparable affiliate provision and regulates such partners as gaming service providers by annual payment volume.
How it works
How do you get a West Virginia gaming license?
Navigating the gaming license process can be complex. Here's a streamlined guide to each step.
Determine the license category first. File the application with its nonrefundable fee, pass the Commission's suitability review, have the equipment approved by an independent laboratory, and receive the license. Section 29-22E-6(d) adds an unusual step for operators. On application by a qualified gaming facility with the fee paid, the Commission shall immediately grant the interactive wagering license.
That "shall immediately grant" wording separates West Virginia from states running a long probity cycle before any authority issues. Read its scope carefully. The clause applies to the operator license held by an already-licensed gaming facility, whose suitability the Commission has assessed before. It does not extend to management services providers or suppliers, and the code sets no review period for either of them.
What are the requirements for a West Virginia gaming license?
An operator applicant must hold a land-based license. Every applicant must meet §29-22E and the Commission's rules, qualify its principals and senior personnel, and use equipment approved by an independent laboratory. Suppliers also report their inventory of equipment and services to the Commission under §29-22E-8. Facility qualifications sit in §29-22E-6(k).
A valid racetrack video lottery license or gaming facility license, for the operator category only
Compliance with §29-22E and with the Commission's rules made under it
Qualification of the applicant entity, its principals and its senior personnel
Occupational licenses for interactive gaming managers and staff with access to player account data
Independent laboratory testing and approval of all systems and equipment
Inventory reporting by suppliers under §29-22E-8(d)
Section 29-22E-6(k) adds the facility side. A licensee must show three things about its gaming facility. Access for disabled individuals under applicable federal and state law comes first. The facility must also be licensed under the article and all other applicable law, and meet any further qualification the Commission's rules specify.
How much does a West Virginia gaming license cost?
State fees run from $10,000 for an Interactive Wagering Supplier License to $250,000 for an Interactive Wagering Operator License. The Management Services Provider License sits between them at $100,000, charged again at every annual renewal. Sports wagering costs $100,000 for five years. Every figure below comes from the article of the W. Va. Code named beside it.
| License | Code section | Application fee | Renewal |
|---|---|---|---|
| Interactive Wagering Operator | §29-22E-6 | $250,000 | $100,000 every five years |
| Management Services Provider | §29-22E-7 | $100,000 | $100,000 a year |
| Interactive Wagering Supplier | §29-22E-8 | $10,000 | $10,000 a year |
| Sports Wagering Operator | §29-22D-6 | $100,000 | $100,000 every five years |
| Racetrack table games supplier | §29-22C-12 | $100 | $100 a year |
| Gaming facility, historic resort hotel | §29-25-9 | $65,000 | Set under §29-25 |
| Limited video lottery operator or manufacturer | §29-22B-518 | $10,000 | $10,000 a year |
| Limited video lottery retailer or service technician | §29-22B-518 | $500 or $100 | $500 or $100 a year |
One published error is worth naming, because it circulates widely. Guides that quote "$100 for a supplier license" alongside interactive wagering have taken that figure from §29-22C-12. The racetrack table games supplier fee has been applied to the wrong vertical. The interactive wagering supplier fee is $10,000 under §29-22E-8.
State fees are the only figures in that table. The table excludes the commercial terms of the casino partnership that makes any online entry possible, and those terms are privately negotiated between the parties.
What taxes apply to gaming operators in West Virginia?
Interactive wagering pays a 15% privilege tax on adjusted gross interactive wagering receipts under §29-22E-16(a). Sports wagering pays 10% under §29-22D-16, and racetrack table games 35% under §29-22C-26. West Virginia Corporation Net Income Tax adds 6.5%. At 15%, West Virginia charges the lowest online casino rate of any US state with a regulated online casino.
| Activity | Rate | Base | Code section |
|---|---|---|---|
| Interactive wagering | 15% | Adjusted gross interactive wagering receipts | §29-22E-16(a) |
| Sports wagering | 10% | Adjusted gross sports wagering receipts | §29-22D-16 |
| Racetrack table games | 35% | Adjusted gross receipts | §29-22C-26 |
Gaming taxes are not the whole burden. West Virginia Corporation Net Income Tax applies at 6.5%, and sports wagering handle carries a federal excise of 0.25%. Two provisions inside §29-22E-16 change the economics further, and neither is widely reported. Under subsection (c), the consumers sales and service tax and the use tax do not apply to gross receipts from interactive wagering. The same exclusion covers equipment, supplies and services used directly in the operation. Under subsection (d), acquiring systems and wagering equipment qualifies as facility modernization improvements eligible for recoupment.
Subsection (e) closes the other side of the ledger. No credit is allowed against the privilege tax for investment in gaming equipment. The same bar covers investment in or improvement to real property used in the operation. Read (d) and (e) together before assuming any capital spend reduces the tax bill.
Payment is weekly. The tax is due on or before the Wednesday following the calendar week in which the receipts were earned. That applies to interactive wagering and to sports wagering. Weekly remittance is a working-capital fact, not an administrative detail, and a monthly model will misstate the cash position.
Could West Virginia gaming tax rates change?
Two bills introduced on 16 January 2026 proposed exactly that. HB 4397 would raise the interactive wagering privilege tax from 15% to 25% by amending §29-22E-16. HB 4398 would raise the sports wagering tax from 10% to 25% by amending §29-22D-16. Both were introduced by Delegate Adam Burkhammer.
Neither bill was enacted. Both were referred to committee and went no further, the 2026 regular session has adjourned sine die, and the rates in force are still 15% and 10% as at 4 September 2026.
The commercial reading matters more than the legislative one. West Virginia has now shown appetite to raise both rates to 25%, and a business case built only on 15% carries an unpriced risk. Model the 25% scenario alongside the current rate, and revisit this position when the next regular session opens.
What compliance obligations apply to West Virginia licensees?
Section 29-22E-15 sets the player-facing rules. A person placing an interactive wager must be at least 21 years old. Wagers may be placed inside a licensed gaming facility, or from anywhere in West Virginia on a mobile or digital platform. A state covered by a Commission interactive wagering agreement also qualifies.
Geolocation is therefore a license condition rather than a product feature. The platform has to establish the player's physical position at the point of wagering. That position must stay inside the permitted boundary for the whole session.
Age verification and identity verification at account registration
Geolocation confirming the player is inside West Virginia or a jurisdiction covered by an agreement
Occupational licensing for staff who can view or modify player account data (§29-22E-9, rule 179-10-23)
Inventory reporting by suppliers under §29-22E-8(d)
Federal Bank Secrecy Act and Title 31 reporting, which West Virginia relies on rather than a separate state gaming AML statute
Anti-money-laundering, responsible gaming and self-exclusion detail sits in the Commission's series 179 rules and in its published materials rather than in the statute. Confirm each requirement there before drafting, and do not import wording from New Jersey or Pennsylvania, whose regimes differ. MGL prepares these documents as standalone workstreams under AML compliance and gambling compliance policies.
Are sweepstakes casinos legal in West Virginia?
West Virginia has no statutory ban on sweepstakes casinos, and no license for them either. Enforcement runs through the Attorney General rather than through the Lottery Commission or the legislature. That is a third model, different from New Jersey, which legislated a prohibition, and from Pennsylvania, where the regulator issued administrative cease-and-desist orders.
Attorney General John B. McCuskey's office began serving subpoenas on sweepstakes and social casino operators in early 2025. The stated grounds were possible breaches of West Virginia gambling and interactive wagering law. More than twenty platforms then withdrew from the state. No official count exists, because the Attorney General's office does not publish the subpoenas or comment on them while an investigation is open. Trade reporting puts the figure at 47, which should be read as reported rather than confirmed.
The Commission is also reported to have stated during 2025 that a dual-currency model cannot operate in West Virginia without a license. The practical position for an operator is therefore uncomfortable rather than settled: no prohibition exists in the code, and an active enforcement line exists anyway. Read the sweepstakes casino page before assuming the model travels here.
How does West Virginia compare with New Jersey and Pennsylvania?
West Virginia charges the lowest online casino tax of the four US iGaming states compared below and caps the market at five licenses. New Jersey charges 19.75%, Pennsylvania charges 54% on online slots, and Michigan charges 20% to 28% on a progressive scale. None of the four issues a standalone online license to a company without a land-based partner.
| Parameter | West Virginia | New Jersey | Pennsylvania | Michigan |
|---|---|---|---|---|
| Regulator | West Virginia Lottery Commission | Division of Gaming Enforcement and Casino Control Commission | Pennsylvania Gaming Control Board | Michigan Gaming Control Board |
| Online casino tax | 15% of adjusted gross interactive wagering receipts | 19.75% of internet gaming gross revenue | 54% online slots, 16% online tables and poker | 20% to 28% by monthly adjusted gross receipts |
| Platform entry cost | Management services provider $100,000, renewed annually at $100,000 | Casino service industry enterprise license, charged at actual investigation cost for interactive gaming and sports wagering applicants | Interactive gaming operator $1,000,000, renewal $100,000 | Internet gaming operator $50,000 application, $100,000 initial, $50,000 renewal |
| Revenue-share affiliate | Licensed as management services provider, $100,000 a year (§29-22E-7(d)) | Ancillary casino service industry enterprise license, from $2,000 | Gaming service provider registration or certification by annual payment volume | Internet gaming supplier license |
| Cap on licenses | Five interactive wagering licenses statewide (§29-22E-6) | No statutory number; limited to Atlantic City casino licensees | 39 interactive gaming certificates, 13 in each of three game categories (4 Pa.C.S. § 13B12) | One license per Detroit casino licensee or tribe (MCL 432.306) |
| Term | Five years, $100,000 renewal | Internet gaming permit renews annually | Interactive gaming certificate five years (4 Pa.C.S. §13B13) | Five years |
Three contrasts do the commercial work here. Pennsylvania is the only one of West Virginia's five bordering states with online casino. That regional position will not hold forever. The tax gap between 15% and 54% changes product mix, not just margin. And the five-license ceiling is a structural limit that neither New Jersey nor Pennsylvania imposes.
Setting West Virginia inside a wider United States plan is the more useful exercise. The United States licensing hub covers the state-by-state picture, and the general gaming license overview covers jurisdictions outside it.
Why choose MGL for West Virginia licensing support?
Two West Virginia filings are actually open to an outside company, and MGL prepares both. Those are the Management Services Provider application under §29-22E-7 and the Interactive Wagering Supplier application under §29-22E-8. Work covers corporate disclosure, principal and senior-personnel files, AML and responsible gaming policies, and coordination with external United States counsel.
Reciprocity is where preparation pays. Sections 29-22E-7 and 29-22E-8 let the Commission accept licensing by a jurisdiction with similar requirements as evidence of qualification. An existing New Jersey, Pennsylvania or Michigan file is therefore an asset, if it is assembled and presented as one. MGL builds that documentation set rather than leaving the Commission to reconcile four states of paperwork.
Three West Virginia facts shape every engagement. The five-license ceiling decides whether an operator route exists at all. The $100,000 annual charge on the management services provider license belongs in a five-year model, not a launch budget. Section 29-22E-7(d) puts revenue-share affiliates inside the licensing perimeter. MGL has delivered 300+ licenses across its jurisdictions.
FAQ
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No. West Virginia and Virginia are separate states with separate regulators and separate gambling regimes. West Virginia licenses online casino and sports wagering through the West Virginia Lottery Commission. See the Virginia gaming license page for that state's own rules.
The Interactive Wagering Supplier License under §29-22E-8 costs $10,000 plus $10,000 at each annual renewal. That compares with $100,000 a year for a Management Services Provider License and $250,000 for an Interactive Wagering Operator License. Eligibility depends on the role performed, not on budget.
Five. Section 29-22E-6 lets the West Virginia Lottery Commission issue up to five interactive wagering licenses. The same section states that no more than five shall be permitted in the state. The cap is statutory and has no expansion mechanism inside the article.
Interactive wagering operator and sports wagering operator licenses run five years, renewable at $100,000. The Interactive Wagering Supplier License runs one year and renews annually. The Management Services Provider License also renews annually. Occupational license terms are set by Commission rule.
Sections 29-22E-7 and 29-22E-8 let the West Virginia Lottery Commission accept licensing by a jurisdiction with similar requirements. That licensing counts as evidence the applicant qualifies. The wording grants discretion to the Commission, so treat it as a possibility rather than automatic recognition.
Yes. Section 29-22E-7(d) covers any entity or individual sharing in revenue, including an affiliate on a revenue share agreement. Each must be licensed as a management services provider. That carries a $100,000 fee and a $100,000 annual renewal.
Five gaming facilities: four racinos and The Greenbrier resort. Published counts disagree because The Greenbrier is licensed under a separate article, §29-25, rather than under the racetrack articles. Counting licensed venues rather than racetracks gives five.
Ten online casinos and nine online sportsbooks were operational at the close of 2025, according to the American Gaming Association. Each is tethered to one of five licensed venues, since one license can carry multiple brands. Check the West Virginia Lottery Commission's own licensee lists for the current position.
Yes, as at 4 September 2026. At 15% of adjusted gross interactive wagering receipts, West Virginia charges less than any other state with a regulated online casino market. HB 4397 proposed raising it to 25% in January 2026 and was not enacted.
Unsettled, and West Virginia sits in a different appellate circuit from the state that produced the leading ruling. No provision of the W. Va. Code addresses sports event contracts, and the Lottery Commission has published no position on them. The Third Circuit's decision in KalshiEX LLC v. Flaherty of 6 April 2026 binds federal courts in New Jersey, Pennsylvania and Delaware; West Virginia is in the Fourth Circuit, where that precedent does not apply. Anyone planning a prediction-market product for West Virginia players should take state-law advice rather than read across from the New Jersey or Pennsylvania position.
There is no federal licence. Each state decides for itself, and most of them license neither online casino nor betting.
US gambling licensing, state by stateWhere a licence exists, where only betting is allowed, and what to run in the restOverviewTwo routes into West Virginia are open to you. We run both: management services provider at $100,000 a year, and supplier at $10,000 a year. Send your product and your existing US licensing, and we will tell you which one it needs. Two documents from you, and an answer on whether a West Virginia route exists for your model.