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Virginia Casinos and Gambling

Virginia online casinosVirginia online casinos

Short Summary: This page looks at the different forms of gambling in the State of Virginia, discusses the legality of online gambling and gives a detailed listing of all of the casinos in the state.

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Virginia has a number of state nicknames, including “Mother of Presidents,” “Mother of States,” and “Old Dominion.”

There was a time when we might have considered Virginia to be one of the most conservative states when it comes to gambling laws, but it seems that they are warming up to it a bit, of late.

One area where they haven’t warmed up just yet is that of online casinos.

Online Gambling

Virginia has evolved its gambling laws in recent years, particularly with online sportsbetting being legalized in 2020. However, there is still no progress regarding legalization of online casinos.

None of the bills in question had a provision for online casino-style gaming, so players might be waiting on that for awhile, assuming it ever happens.

In the meantime, if you want to play casino games online, then please feel free to check out our top recommendations, which we have listed above.

Virginia code is pretty simple, pretty direct and pretty encompassing–if it’s not specifically sanctioned by the state, then it constitutes unlawful gambling. The code has this to say:

Virginia law makes making a wager on anything related in any way to chance illegal unless same has been sanctioned by the State. The code would also seem to cause your computer to become a, “Gambling Device,” because if a device is used for gambling, in any way, it becomes a gambling device.

Illegal gambling in the State of Virginia constitutes a Class III Misdemeanor.

Therefore, the only way for an online casino to not be unlawful is if the same was legalized, licensed and regulated by the state itself.

While there have been (unrelated) prosecutions for unlawful gambling in Virginia, mostly having to do with (physical) illegal sports betting and illegal slot machines, we could find no instance of someone being prosecuted for gambling online in the capacity of a player.

Naturally, the laws are even more strict when it comes to those who are operating unlawfully, but one would be ill-advised to actually run an online casino physically hosted within the state. Obviously, online casinos that are offered in Virginia are hosted overseas and are out of Virginia’s jurisdictional reach.

Sports Betting

In 2020, Virginia made significant strides in the online gambling industry, particularly in the realm of sports betting. After years of deliberation, the state enacted a law that legalized online sports betting, while land-based sports betting remains illegal. Following the law’s adoption in April 2020, there was a brief waiting period before licensed operators began offering their services. By the beggining ogf 2021, sports enthusiasts in Virginia were finally able to place their bets for the first time, marking a new chapter in the state’s gambling landscape.

But still no mention of the legalization of the online casino industry.

Virginia is a very interesting case because the majority of states that have authorized sports betting (though there are a few other exceptions) were already home to commercial casinos and the regulated sports betting sites had to be affiliated with the land-based casino(s) in some way. We saw that in states such as Pennsylvania and New Jersey, to name a couple.

In 2020, Virginia made significant strides in the online gambling industry, particularly in the realm of sports betting. After years of deliberation, the state enacted a law that legalized online sports betting, while land-based sports betting remains illegal. Following the law’s adoption in April 2020, there was a brief waiting period before licensed operators began offering their services. By the beggining ogf 2021, sports enthusiasts in Virginia were finally able to place their bets for the first time, marking a new chapter in the state’s gambling landscape.

But still no mention of the legalization of the online casino industry.

Considering the situation at the time, operators interested in obtaining a license to carry out activities in the online sportsbetting industry had to meet high requirements that including paying an application fee of $50,000 and meeting the following criteria found here:

58.1-4032. Application for a sports betting permit; penalty.

A. An applicant for a sports betting permit shall:

  1. Submit an application to the Director, on forms prescribed by the Director, containing the information prescribed in subsection B; and
  2. Pay to the Department a nonrefundable fee of $50,000 for each principal at the time of filing to defray the costs associated with the background investigations conducted by the Department. If the reasonable costs of the investigation exceed the application fee, the applicant shall pay the additional amount to the Department. The Board may establish regulations calculating the reasonable costs to the Department in performing its functions under this article and allocating such costs to the applicants for licensure at the time of filing.

B. An application for a sports betting permit shall include the following information:

  1. The applicant’s background in sports betting;
  2. The applicant’s experience in wagering activities in other jurisdictions, including the applicant’s history and reputation of integrity and compliance;
  3. The applicant’s proposed internal controls, including controls to ensure that no prohibited or voluntarily excluded person will be able to participate in sports betting;
  4. The applicant’s history of working to prevent compulsive gambling, including training programs for its employees;
  5. If applicable, any supporting documentation necessary to establish eligibility for substantial and preferred consideration pursuant to the provisions of this section;
  6. The applicant’s proposed procedures to detect and report suspicious or illegal betting activity; and
  7. Any other information the Director deems necessary.

Essentially, any current sports betting operator of any kind (already in the USA or offshore) could theoretically apply to be permitted to conduct sportsbook activities in Virginia.

Currently, 14 operators, including well-known names like DraftKings, BetMGM, FanDuel, and Bally Bet, have successfully met the requirements to obtain a license for operating in Virginia’s online sportsbook market. There are expectations that approximately five additional sportsbook operators will soon enter the market, further expanding the options available to bettors in the state. ​

One interesting caveat is that land-based casinos in the state, if they are authorized at all, will get preference in the event that they intend to build a facility of 250M+:

  1. If casino gaming is authorized under the laws of the Commonwealth, then in issuing permits to operate sports betting platforms, the Director shall give substantial and preferred consideration to any applicant that (i) has made or intends to make a capital investment of at least $250 million in a casino gaming establishment, including the value of the real property upon which such establishment is located and all furnishings, fixtures, and other improvements; (ii) has had its name submitted as a preferred casino gaming operator to the Department by an eligible host city; and (iii) has been certified by the Department to proceed to a local referendum on whether casino gaming will be allowed in the locality in which the applicant intends to operate a casino gaming establishment.

But, it remains to be seen whether or not any such is even going to be authorized in the first place.

We also learn that the licenses themselves will come at a cost of $200,000 and are good for three years. Renewal licenses (for three years at a time) will also come at the same price. Let’s take a look at the tax rates:

58.1-4037. Tax on adjusted gross revenue.

  1. There shall be imposed a tax of 15 percent on a permit holder’s adjusted gross revenue.
  2. The tax imposed pursuant to this section is due monthly to the Department, and the permit holder shall remit it on or before the twentieth day of the next succeeding calendar month. If the permit holder’s accounting necessitates corrections to a previously remitted tax, the permit holder shall document such corrections when it pays the following month’s taxes.
  3. If the permit holder’s adjusted gross revenue for a month is a negative number, the permit holder may carry over the negative amount to a return filed for a subsequent month and deduct such amount from its tax liability for such month, provided that such amount shall not be carried over and deducted against tax liability in any month that is more than 12 months later than the month in which such amount was accrued.

Fifteen percent of gross revenue is actually NOT that bad because it is referring to the, “Take,” which is to say the total sportsbook sales less payouts on winners. It also appears that the sportsbooks can carry any losing months forward (up to 12 months) to offset the tax, so if they get lopsided action on something like the Super Bowl (lots of betting) and get crushed, they’ll be able to offset the taxes on their (presumed) future wins.

The following provisions are currently in place, but may be modified in the future:

58.1-4039. Events on which betting is prohibited; penalty.

  1. No person shall place or accept a bet on youth sports.
  2. No person shall place or accept a proposition bet on college sports.
  3. No person shall place or accept a bet on Virginia college sports.

Okay, so the first one obviously refers to sports such as high school sports, that’s understandable.

The second one refers only to prop bets, an example of which would be how many yards is a particular player going to run for in the game. Those sorts of bets would NOT be permitted on college sports, however, traditional bets such as betting the Over/Under for game score or betting against the point spread would be permitted.

There are also not allowed to be bets involving a Virginia college team whatsoever, but that’s one aspect of the code that many are suggesting will/could be modified. Obviously, many people in the State of Virginia are fans of college teams such as Virginia and Virginia Tech, so would probably like to bet on those teams. It really doesn’t make sense not to be able to bet on your own team.

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Land Casinos

Voters in four Virginia counties voted to allow for Land-Based casinos in the 2020 General Election A few of the towns have opened temporary casinos in 2022, which will be listed below and eventually updated to include the full casino offerings. As a result of that decision, several land-based casinos operate within the borders of the state of Virginia today, and the opening of several more brands is announced in the coming years.

Hard Rock Hotel & Casino Bristol

Hard Rock Hotel and Casino is a nationally recognized casino brand with locations that can also be found in Atlantic City, Florida and in a few other states. For the time being, the property has opened a temporary casino in the state as it approaches finishing the full resort in 2023.

The property is located at 500 Gate City Highway in Bristol, Virginia.

The Casino offers an impressive selection of more than 900 slots, plus an extensive collection of video keno and video poker. There is also a Table Games pit, which deals games such as Blackjack, Baccarat, Craps, Mississippi Stud, Roulette, Three-Card Poker and Ultimate Texas Hold ‘Em.

Of course, if you are looking for a specific Table Game, we would recommend calling ahead of time for the usual days and times of operation.

The property is only home to seven eateries at this time. The first of these eateries is Mr. Lucky’s, which operates into the late evening hours. The menu doesn’t focus on anything in particular and is pretty much what you would expect to find at a standard casual American chain restaurant.

Brick’d at Hard Rock is the casino’s pizza restaurant, which is open at 11:00a.m. daily and stays open until the early morning hours. In addition to the pizzas, there are salads as well as other quick items available.

Bristol Bar is the casino’s only bar, for the time being, and features a few appetizers, salads and sandwiches in addition to the libations.

Of course, there will be substantially more to get into when the casino is completed, but if you happen to be in the Bristol area, that is what you can expect to find there for the time being.

Caesars Casino Danville

Caesars Entertainment (formerly El Dorado Resorts) will open a permanent resort casino in Danville, Virginia.

The opening is announced for the end of 2024.

Norfolk Casino

The eagerly anticipated Norfolk casino, set to open in September 2027, promises to be a thrilling destination! The $500 million facility will feature 1,500 slot machines, 50 table games, and eight restaurants and bars, along with accommodations for up to 200 guests.

Rivers Casino Portsmouth

Rivers Casino opened its permanent facility in Portsmouth in January of 2023, as planned.

The luxurious four-star resort features a spectacular casino with over 1,400 slot machines, approximately 57 table games, and an impressive poker selection. If you’re intrigued by what’s on offer, head to 3630 Victory Blvd, Portsmouth!

Skill Gambling

Prior to all of this, the State of Virginia was somewhat known for having what are called, “Skill-Based,” games, such as Pace-O-Matic. If you want to get an idea how some of these skill-games work, then I would recommend checking out my series of articles on the subject (though they technically related to Pennsylvania) over on Wizard of Vegas.

Anyway, these skill games are designed such that there is at least one skill component (even though it’s sometimes absurdly simple) where the player’s decision influences the outcome. On the Pace-O-Matics, this involves changing a symbol on a 3×3 grid to a WILD symbol in order to create a win, or the best possible win, if/when a win is possible. Even if you lose, you will be given an option that says, “Touch here to follow me,” where you can play a color-matching game to win 105% of your bet. This game also exists as a 3×3 grid and you must match twenty consecutive color spots in order to prevail.

Other skill games work differently with the other very common one being one in which a player will move one of the reels either up or down to change the position of a symbol in a way that creates a winning payline. Those are even simpler than the Pace-O-Matics which, for their part, are not particularly complicated anyway.

I can’t speak with 100% confidence on Virginia, (though I believe it’s true) but in Pennsylvania, many machines have what is basically a, “Look Ahead,” feature. On Pace-O-Matics this button will say, “Next Puzzle,” and it shows you the next puzzle that’s going to come up if you make a bet. With this, the player will be able to decide whether or not the puzzle is a winner, and therefore, can only choose to play winning puzzles if he/she wants to. This feature on other machines is called, “Prize Viewer,” and while it does not show you the result of the following spin, it does tell you the maximum amount you can win, or if the result will be a loss.

Anyway, these machines quickly took hold in the state and gained popularity extremely quickly in bars, taverns and convenience stores. They were advertised by companies such as Queen of Skill and Pace-O-Matic as being, “Legal games of skill,” same as they are advertised (by some) in Pennsylvania, even though that’s technically not true. The legality of the games, including in Pennsylvania, is ambiguous…so they’re not illegal, but that doesn’t make them legal as if by default.

Eventually, Virginia would decide that it was fit to make the matter much less ambiguous, so we will copy the relevant passages from a Government website:

What is a “skill game”?

HB 881 defines a skill game as an electronic, computerized, or mechanical contrivance, terminal, machine, or other device that requires the insertion of a coin, currency, ticket, token, or similar object to operate, activate, or play a game, the outcome of which is determined by any element of skill of the player and that may deliver or entitle the person playing or operating the device to receive cash; cash equivalents, gift cards, vouchers, billets, tickets, tokens, or electronic credits to be exchanged for cash; merchandise; or anything of value whether the payoff is made automatically from the device or manually. The bill exempts family entertainment centers from the prohibition against the playing or offering of any skill game, provided the prize won or distributed to a player by the skill games offered by such centers is a noncash, merchandise prize or a voucher, billet, ticket, token, or electronic credit redeemable only for a noncash, merchandise prize that also meets certain other requirements.

Are skill games legal in Virginia?

With the passage of chapters 1217 and 1277 during the reconvened session of the General Assembly and the signing of that legislation by the Governor, skill games as defined in those chapters are lawful in Virginia until July 1, 2021.

Local officials, to include the local Commonwealth’s Attorney, maintain enforcement responsibility as it pertains to local zoning and permit requirements that may impact these games as well as the responsibility of the Commonwealth’s Attorney to determine all matters involving illegal gambling and criminal prosecution.

Are “skill games” considered illegal gambling? 

No, illegal gambling means the making, placing, or receipt of any bet or wager in the Commonwealth of money or other consideration or thing of value, made in exchange for a chance to win a prize, stake, or other consideration or thing of value, dependent upon the result of any game, contest, or any other event the outcome of which is uncertain or a matter of chance, whether such game, contest, or event occurs or is to occur inside or outside the limits of the Commonwealth.

Essentially, when deciding on the matter, the State of Virginia took into consideration that there were already tons of these skill games present in the state and, while they were not technically legal or illegal, nothing was being done about them. Even if they had been considered illegal betting (under the previous law) nothing would immediately change the fact that the machines were spread throughout the state.

Therefore, rather than just making them completely illegal, the state decided to go ahead and legalize them UNTIL July 1, 2021 in what some outlets are calling, “A Phase-Out period.”

After this date, quite expectedly, the state turned back to the original ban, and declared all activities defined as “skill game” NOT LEGAL.However, the next significant discussion or legal resolution regarding skill games is mentioned to occur in 2025, as many parties are pushing for a more permanent decision on the topic.

Pari-mutuel, Simulcast And Live Horse Racing

Virginia has long had legal horse racing for the purposes of both Simulcast Wagering and Live Betting. The state is home to a handful of off-track betting locations who, in 2019, were granted the ability to add electronic historical horse racing machines. Basically, they look kind of like slot machines, but do not operate on a separate random number generator. The results essentially correspond to horse races held in years past.

It’s pretty convoluted and describing precisely how they work would be a page unto itself.

The Off-Track Betting (OTB) locations in the state are located in Richmond, Alberta, Hampton, Chesapeake and Vinton. These are basically just pubs that have some of the historical racing machines and also allow for simulcast wagering.

Colonial Downs is the state’s horse racing track and is located in a place called New Kent, which is between Williamsburg and Richmond. For many decades, the site offered live standardbred harness racing as well as thoroughbred racing.

Harness racing ended in 2013 due to a dispute between track management and groups representing the horsemen. Harness racing would end the following year due to a combination of ambiguity in state laws and the fact that horse racing is just a dying sport, in general, so the track wasn’t exactly raking in the money.

This closure left the State of Virginia without an operating horse racing track for nearly five years. However, 2018 Legislation enabled the track (as well as OTB sites) to offer the electronic historical horse racing games, which at least lent to them the potential for profitability.

The following year, 2019, would see Revolution Racing purchase the track and work to get live racing back to the state. Apparently, this Chicago group saw the track as being potentially profitable in conjunction with the historical horse racing devices.

It’s difficult to say what impact the legalization of Commercial Casinos might have on the track, but that’s not going to be relevant to the majority of Virginia residents. Horse racing is a sport rapidly losing popularity and live casinos are awesome.

Virginia Lottery

While all of these things are extremely new developments, one thing that has been around for quite some time is the Virginia Lottery. Let’s take a look at the most recently available annual report, which can be found here.

(Note: Opening this link will automatically download a pdf to your device, so do not click on the link unless you don’t mind having to download and open a file)

This is for the year 2024.

Virginia Lottery reported a record-breaking $5.5 billion in sales for fiscal zear 2024 and highest ever profits of $934 million!

These colossal figures demonstrate that the people of Virginia truly enjoy games of chance. Given the Lottery’s success and the substantial revenue it generates for the state budget, it’s unlikely that any changes to Lottery laws will be made in the foreseeable future.

Charitable Gambling

The first thing that we will note is that whether or not a permit is required depends on the anticipated gross proceeds from the charitable gambling activities. The law states as follows:.

11VAC15‐40‐20. Eligibility for permit to conduct charitable gaming; when valid; permit Requirements.

  1. The conduct of charitable gaming is a privilege that may be granted or denied by the department. Except as provided in § 18.2‐340.23 of the Code of Virginia, every eligible organization, volunteer fire department, and rescue squad with anticipated gross gaming receipts that exceed the amount set forth in § 18.2‐340.23 of the Code of Virginia in any 12‐ month period shall obtain a permit from the department prior to the commencement of charitable gaming activities. To be eligible for a permit an organization must meet all of the requirements of § 18.2‐340.24 of the Code of Virginia.

We’ll get into those specifics later.

The different forms of gambling that are permitted under the statute are bingo, instant bingo, pull-tabs, raffles and, “Event Games.” There is also something called, “Seal Cards,” so hopefully it’ll get into specifics because I’ve never heard of those.

As far as the conduct of the individual games is concerned, there’s an entire list of regulations for each individual game. I’ll put it this way, the conduct of Bingo was lettered A-Z and they actually had to start getting into double letters, so there are more than 26 of them! Honestly, they’re probably only going to be relevant to you if you’re an entity who intends to conduct bingo, so we’ve got the link above for you if you want to get into all of that more specifically.

The cost for a Charitable Gambling License is $200 annually, but again, certain one-off type events may not need to apply as it is based on annual revenues, so if they fall below the threshold, then a license may not be necessary.

Bingo, Pull Tabs and Raffles are, by far, the most popular forms of Charitable Gambling in the state. Bingo single game prizes may not exceed $100, Bingo jackpots may not exceed, $1,000 and pull tabs are subject to similar restrictions. Raffles are regulated less stringent and allow for a maximum price value of $100,000.

In addition to the licensing fee, the Charitable Gambling Commission (CGC) imposes a tax of 1.125% on all gross proceeds from all forms of Charitable Gambling. Charitable Gambling entities must submit quarterly reports and remit the appropriate taxes within a certain period of time.

Social Gambling

Social Gambling in the state is completely unregulated and private events have nothing to worry about. The only exceptions would be if the house is taking a rake or offering a game with a house edge (the gambling would no longer be social), if a person/entity advertises the gambling in any way, if it is open to the public or if it is a, “Regular event.”

Would a weekly home poker game constitute a regular event? Probably not under the law, the Virginia code is probably referring to other entities (such as bars) not regularly having social gambling events take place on the premises.

Owning a Slot Machine in Virginia

According to Virginia Code 18.2-334, slots of any age can be owned by citizens. This is a departure from the law in many states, where a machine must be at least 25 years old before it can be owned and displayed.

Of course, there’s a big difference between being able to legally own a slot machine and charging your neighbors for the right to play. Even though ownership of these games is allowed, it’s still illegal to generate a profit with them on any consistent basis. This would make you the owner of a casino (albeit a tiny one), and those are expressly forbidden by law.

Land Casinos In Virginia

April 2020 marked a turning point for Virginia’s land-based casino industry, as the state approved the legalization of up to five casinos. This allowed for one casino in each of the major cities: Norfolk, Bristol, Danville, Portsmouth, and Richmond. However, after two referendums, Richmond voters rejected the proposal to open a casino both times, leaving the city’s gambling future still uncertain. As mentioned earlier, some of these casinos have already opened, while others are still in development.

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Conclusion

In the world of gambling, Virginia has arguably had the quickest attitude change of all-time. From nothing but a state lottery, charitable gambling and a failed horsetrack (and OTB sites) to all of a sudden having legalized and regulated DFS, sports betting, an operating horsetrack, skill games (for now, anyway) and, quite possibly, casinos.

We’re definitely looking forward to the results of the November 3rd casino measures in the five impacted cities, and hopefully, for a complete rewrite of this page where we will have the opportunity to list actual land casinos in a year or two.

Virginia Casinos And Gambling Questions And Answers

Here are the answers to some of the most common questions that we receive.

Can you own a slot machine in Virginia?

Yes, you can, according to Virginia Code 18.2-334, slots of any age can be owned by citizens. It’s illegal to charge people for playing it and generating profit by doing so.

What games are available from the Virginia State Lottery?

You can try your luck with scratch-off games, Fast Play, Pick 3, Pick 4, Cash 5, $1,000,000 Money Ball, Millionaire Raffle, Cash4Life, PowerBall, and Mega Millions, so the chances for scoring some serious cash are plenty.

What’s the deal with Virginia State Lottery?

Well, it dates back to 1612, and it was reinstated in 1987, after more than 100 years of absence. All of its funds are designated for K-12 education.

Does Virginia have any land-based or online casinos?

No, as neither of those are legal there.

What does the law say?

According to the Virginia law, you are allowed to take part in “contests of speed or skill between animals, men, fowl, and vehicles, games of chance in a private residence (assuming the residence is not commonly used for such purposes), bingo games, raffles, and duck races conducted by charitable organizations, state lottery, and pari-mutuel wagering.”

References