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Can I offer contests that involve chance-based games in West Virginia? What are the requirements?

Contests involving chance-based games in West Virginia

In West Virginia, contests that involve chance-based games are regulated by the West Virginia Lottery Commission. The following are the requirements for offering such contests:

  • A license is required to operate racetrack table games [1.1]([2.1]:). To qualify for a license, the applicant must be an individual of good moral character, honesty, and integrity [1.1]([2.1]:). The license application requires submission of fingerprints for a national criminal records check [1.1]([2.1]:).
  • All table games authorized by the West Virginia Lottery Commission shall be West Virginia lottery games owned by the State of West Virginia [4.1].
  • A licensed gaming facility may operate West Virginia Lottery sports wagering upon the approval of the commission [3.2]([4.1]:).
  • A West Virginia Lottery sports wagering licensee shall execute a surety bond in an amount and in the form approved by the commission, to be given to the state, to guarantee the licensee faithfully makes all payments in accordance with the provisions of this article and rules promulgated by the commission [3.2]([4.1]:).
  • An operator shall accept wagers on interactive games authorized under this article from persons physically present in a licensed gaming facility where authorized interactive wagering occurs [2.1].
  • An operator may accept wagers from an individual physically located within this state using a mobile or other digital platform or an interactive wagering device, approved by the commission, through the patron’s interactive wagering account [2.1].
  • An operator may accept wagers from an individual physically located in a state or jurisdiction with which the commission has entered into an interactive wagering agreement using a mobile or other digital platform or an interactive wagering device through the patron’s interactive wagering account, so long as the device or platform is approved by the commission and all other requirements of the agreement are satisfied [2.1].
  • A privilege tax against a gaming license is levied and collected in an amount to be determined by the application of the rate against adjusted gross receipts of the licensed gaming facility. The rate of tax is thirty-five percent [4.2].

Based on the above information, it is unclear whether contests involving chance-based games require a license or are subject to the privilege tax. Therefore, it is recommended to contact the West Virginia Lottery Commission for further information.

[4.2]:

Source(s):
Jurisdiction

West Virginia