Is Gambling Legal In Virginia
However, gambling in Virginia isn’t completely non-existent. The largest part is played by race betting. Until 2015, a renowned horse racetrack, the Colonial Downs, offered live racing to enthusiasts. However, some issues and endless debates made the venue to close-up shop for an indefinite amount of time. Casino gambling: This legislation allows casino gaming regulated by the Virginia Lottery Board. This only applies in eligible localities that met criteria: the Cities of Portsmouth, Richmond.
- Is Casino Gambling Legal In Virginia
- Is Gambling Illegal In Virginia
- Is Sports Gambling Legal In Virginia
Virginia Gambling Statutes
§ 18.2-325. Definitions.
1. 'Illegal gambling' means the making, placing or receipt of any bet or wager in the Commonwealth of money or other 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.
a. For the purposes of this subdivision and notwithstanding any provision in this section to the contrary, the making, placing, or receipt of any bet or wager of money or other thing of value shall include the purchase of a product, which purchase credits the purchaser with free points or other measurable units that may be risked by the purchaser for an opportunity to win additional points or other measurable units that are redeemable by the purchaser for money at the location where the product was purchased.
b. Nothing in this section shall be construed or interpreted to prohibit the conduct of any lawful game, contest, lottery, scheme, or promotional offering that complies with the requirements contained in § 18.2-325.1.
2. 'Interstate gambling' means the conduct of an enterprise for profit which engages in the purchase or sale within the Commonwealth of any interest in a lottery of another state or country whether or not such interest is an actual lottery ticket, receipt, contingent promise to pay, order to purchase, or other record of such interest.
3. 'Gambling device' includes:
a. Any device, machine, paraphernalia, equipment, or other thing, including books, records and other papers, which are actually used in an illegal gambling operation or activity, and
b. Any machine, apparatus, implement, instrument, contrivance, board or other thing, including but not limited to those dependent upon the insertion of a coin or other object for their operation, which operates, either completely automatically or with the aid of some physical act by the player or operator, in such a manner that, depending upon elements of chance, it may eject something of value or determine the prize or other thing of value to which the player is entitled; provided, however, that the return to the user of nothing more than additional chances or the right to use such machine is not deemed something of value within the meaning of this subsection; and provided further, that machines that only sell, or entitle the user to, items of merchandise of equivalent value that may differ from each other in composition, size, shape or color, shall not be deemed gambling devices within the meaning of this subsection.
Such devices are no less gambling devices if they indicate beforehand the definite result of one or more operations but not all the operations. Nor are they any less a gambling device because, apart from their use or adaptability as such, they may also sell or deliver something of value on a basis other than chance.
4. 'Operator' includes any person, firm or association of persons, who conducts, finances, manages, supervises, directs or owns all or part of an illegal gambling enterprise, activity or operation.
§ 18.2-325.1. Lawful games, contests, etc.; methods of entry; requirements.
Pursuant to subdivision 1 b of § 18.2-325, any lawful game, contest, lottery, scheme, or promotional offering (the contest) may be conducted provided the following requirements are met:
1. There is available a method of free entry to all participants wishing to enter the contest without purchase;
2. There is equal opportunity to play and equal odds of winning for all participants regardless of whether a participant entered with a valid purchase or through a free alternative method of entry;
3. There are written disclosures about the contest including:
a. The terms and conditions that a participant must meet to enter and possibly receive a prize or other thing of value;
b. The manner in which to request free entry into the contest;
c. The identity of the contest sponsor;
d. The end date of the contest period;
e. A statement that the making of a purchase will not increase the odds of winning;
f. The odds of obtaining a winning configuration or game piece, which shall be expressed as a numerical ratio, if applicable, or as dependent on a number of entries, if applicable;
g. A statement of whether any winner of a prize or other thing of value must complete an approved claim form in order to receive the prize or other thing of value; and
h. A statement of whether proof of identity is required for a winner to redeem the prize or other thing of value;
4. The disclosures required by this section shall be included in 'the official rules' of the contest, and may be in the form of independent signage; printed on the product or container; shown in a multimedia display on the product dispenser; or otherwise available by mail, on the Internet, or by toll-free telephone call;
5. Any advertising copy shall include the following:
a. The name of the operator and the contest;
b. A statement that no purchase is required to enter or play the contest;
c. The start and end dates for entering the contest, which shall be consistent with the official rules;
d. A statement of eligibility to participate in the contest; and
e. A disclosure of where the contest is void.
6. In the case of a device with a multimedia display, the official rules shall be available for display without cost; and
7. No consideration or anything of value is required in order to play or enter into the contest, except for the product purchased, if any.
§ 18.2-326. Penalty for illegal gambling.
Except as otherwise provided in this article, any person who illegally gambles or engages in interstate gambling as defined in § 18.2-325 shall be guilty of a Class 3 misdemeanor. If an association or pool of persons illegally gamble, each person therein shall be guilty of illegal gambling.
§ 18.2-327. Winning by fraud; penalty.
If any person while gambling cheats or by fraudulent means wins or acquires for himself or another money or any other valuable thing, he shall be fined not less than five nor more than ten times the value of such winnings. This penalty shall be in addition to any other penalty imposed under this article.
§ 18.2-328. Conducting illegal gambling operation; penalties.
The operator of an illegal gambling enterprise, activity or operation shall be guilty of a Class 6 felony. However, any such operator who engages in an illegal gambling operation which (i) has been or remains in substantially continuous operation for a period in excess of thirty days or (ii) has gross revenue of $2,000 or more in any single day shall be fined not more than $20,000 and imprisoned not less than one year nor more than ten years.
As used in this section, the term 'gross revenue' means the total amount of illegal gambling transactions handled, dealt with, received by or placed with such operation, as distinguished from any net figure or amount from which deductions are taken, without regard to whether money or any other thing of value actually changes hands.
§ 18.2-329. Owners, etc., of gambling place permitting its continuance; penalty.
If the owner, lessee, tenant, occupant or other person in control of any place or conveyance, knows, or reasonably should know, that it is being used for illegal gambling, and permits such gambling to continue without having notified a law-enforcement officer of the presence of such illegal gambling activity, he shall be guilty of a Class 1 misdemeanor
§ 18.2-330. Accessories to gambling activity; penalty.
Any person, firm or association of persons, other than those persons specified in other sections of this article, who knowingly aids, abets or assists in the operation of an illegal gambling enterprise, activity or operation, shall be guilty of a Class 1 misdemeanor.
§ 18.2-331. Illegal possession, etc., of gambling device; penalty.
A person is guilty of illegal possession of a gambling device when he manufactures, sells, transports, rents, gives away, places or possesses, or conducts or negotiates any transaction affecting or designed to affect ownership, custody or use of any gambling device, believing or having reason to believe that the same is to be used in the advancement of unlawful gambling activity. Violation of any provision of this section shall constitute a Class 1 misdemeanor.
§ 18.2-332. Certain acts not deemed 'consideration' in prosecution under this article.
In any prosecution under this article, no consideration shall be deemed to have passed or been given because of any person's attendance upon the premises of another; his execution, mailing or delivery of an entry blank; his answering of questions, verbally or in writing; his witnessing of a demonstration or other proceeding; or any one or more thereof, where no charge is made to, paid by, or any purchase required of him in connection therewith.
§ 18.2-333. Exceptions to article; certain sporting events.
Nothing in this article shall be construed to prevent any contest of speed or skill between men, animals, fowl or vehicles, where participants may receive prizes or different percentages of a purse, stake or premium dependent upon whether they win or lose or dependent upon their position or score at the end of such contest.
Any participant who, for the purpose of competing for any such purse, stake or premium offered in any such contest, knowingly and fraudulently enters any contestant other than the contestant purported to be entered or knowingly and fraudulently enters a contestant in a class in which it does not belong, shall be guilty of a Class 3 misdemeanor.
§ 18.2-334. Exception to article; private residences.
Nothing in this article shall be construed to make it illegal to participate in a game of chance conducted in a private residence, provided such private residence is not commonly used for such games of chance and there is no operator as defined in subsection 4 of § 18.2-325.
Virginia Gambling Laws courtesy of: http://leg6.state.va.us/cgi-bin/legp604.exe?000+cod+TOC18020000008000000000000
As shocking as it may seem to observers inside and outside Old Dominion, the Commonwealth of Virginia is moving quickly to become a full-service gambling state. Sports betting launched in the state in January 2021, and actual casinos are in the early stages of their construction processes.
This development became possible after a flurry of legislative activity in March and April 2020. However, as you’ll see, the appetites of both the public and lawmakers were whetted from the success of historical horse racing, which appeared in Virginia in 2019.
As Virginia moves into a different paradigm with gambling, we will be watching. Check back here for information, updates and, in time, bonus offers in the Commonwealth.
Take a look below to see where things stand in Old Dominion and, more importantly, where they are going.
Sweepstakes casinos in Virginia
Latest Virginia casino updates
Last updated: January 21, 2021
Sports betting is almost underway! With the imminent launch of FanDuel Sportsbook in Virginia, Old Dominion will join the ranks of states with active sportsbooks inside their borders.
Virginia’s launch will also place it in a rarer category of sports betting state. Virginia will join Tennessee as the only online-only sports betting states.
Now, with land-based casinos in the future for Virginia, it won’t retain that status forever. In the meantime, though, Virginians will be able to sign up and play without having to travel anywhere.
FanDuel is unlikely to be the sole option in Virginia for long. By law, Virginia must have at least four sportsbooks launch in the state, so other operators are certain to be close behind.
Potential casinos coming to Virginia
There are plans for as many as five retail casinos to open their doors in Virginia soon. HB4 legalized casino gambling in the state for five cities that have met certain criteria. The criteria for selection are:
- The poverty rate in the city is 20% or higher.
- Unemployment is 4% higher or more than the state’s overall rate.
- The population in the city has decreased by 20% or more in the past year.
- More than 40% of city real estate is tax-exempt.
Clearly, the introduction of a casino venue is meant to spearhead the revitalization of the cities that qualify. The influx of tourism dollars and jobs could help to turn around the lives of citizens who could use a win.
Below is a rundown of where everything stands in each city with regard to its development and partnership plans.
Bristol casino
Bristol’s development team has been working on a plan to open a casino in town since 2018. Out of the cities receiving a casino, Bristol is the farthest along in its preparations.
One of the biggest coups for the Bristol casino team was the securing of Hard Rock International as a strategic partner. The rock-and-roll restaurant and casino brand shook hands with the city, which is located on the border with Tennessee, in late 2019.
At present, the plans call for the redevelopment of the Bristol Mall as the Hard Rock Bristol. Hard Rock is pledging to spend $400 million to build the facility, which will include a casino, sportsbook, hotel, convention center and retail/dining locations.
So far, Hard Rock has not listed an expected date for the new facility to launch. Now that the referendum has passed, casino officials will still have to wait until April 2021 to apply for a casino license. It’s unlikely that any renovations will occur before then.
However, given that other Virginia casinos will likely begin to launch in 2023 and Hard Rock will be anxious to tap into Bristol’s geographic appeal (near so many non-gambling states), a similar timeframe would not be terribly surprising.
Danville casino
Like Bristol, Danville is a border town in Virginia that figures to capitalize on out-of-state traffic. The city, which sits across from North Carolina, would seem to be a perfect place to attract both Virginians and North Carolinians who don’t want to make the drive to the Harrah’s Cherokee Casino Resort in western North Carolina.
City planners are obviously shooting for the big time. There’s no other reason for the town’s partnership with Caesars Entertainment, which was finalized in June 2020. Approval from the Virginia Lottery followed soon afterward, and the Danville City Council has also lent its seal of approval to the deal.
The council has also released some early concepts for the property’s design. The current plan calls for a redevelopment of the Dan Mills industrial complex in the Schoolfield neighborhood, which would give Caesars 85 acres to use.
The new facility is expected to house more than 1,000 slot machines, 75 table games, a 16-table poker room, and a sportsbook. It will also be a full-service resort with a performance venue, convention center, restaurants, and retail shops.
With the passage of the vote, the casino could begin applying for an operator license in April 2021. Caesars officials estimate that Caesars Danville would open in 2023 under the current timeframe.
Norfolk casino
Norfolk is an obvious choice for one of the five Virginia casinos. The coastal city is the second-largest in Virginia and is no more than twenty minutes away from the largest (Virginia Beach) and third-largest (Chesapeake) cities in the state.
Norfolk planners are already moving forward with their plans for a casino on the Elizabeth River near Harbor Park. The 13.4-acre site comes as the result of Norfolk’s partnership with the Pamunkey Indian Tribe, the only federally recognized tribe in Virginia to have a shot at opening a casino.
Even though the tribe is new to casino management, it is not short on ambition. The plan for the Pamunkey Casino Resort Norfolk calls for the inclusion of roughly 4,000 slot machines and more than 100 table games. Plans even call for a 500-room hotel onsite.
Of course, one of the drivers for such an ambitious plan may be the immediate competition across the Elizabeth River. Norfolk is located minutes away from Portsmouth, another potential casino destination, so planners know they can ill-afford to be overly conservative with their vision. The Pamunkey have pledged to spend $700 million on the construction of the casino.
Like most of Virginia’s casinos, it seems reasonable to assume that this venue will open sometime in 2023.
Portsmouth casino
Portsmouth is, as you may imagine, an aptly named town. It is split by the western branch of the Elizabeth River, is adjacent to the split between the Elizabeth’s southern and eastern branches, and sits across from the mouth of Chesapeake Bay.
City officials have closed a deal to partner with Rush Street Gaming in order to make the Portsmouth Casino Resort a reality.
Development plans are not as far along as they are in other towns, including Norfolk. So far, the main bit of information we know is the eventual location of the facility — a 50-acre parcel of land at the intersection of Victory and Cavalier Boulevards, near I-264.
Is Casino Gambling Legal In Virginia
The location is telling, however, when you think about Portsmouth’s immediate competition in Norfolk. Positioning itself on a major artery leading to the other casino could capture some traffic that decides it’s not worth an extra few minutes in the car.
Because so few details about the project are available, it is hard to know exactly how things will be different. However, Rush Street Gaming is not a fly-by-night operator and is certain to make the Rivers Portsmouth (or whatever the name ends up being) a fine location.
Because the approval process won’t begin until April 2021 and because Norfolk’s casino seems likely to open in 2023, a similar timeframe for Portsmouth is a pretty good bet.
Richmond casino
Richmond is both the fourth-largest city in Virginia and its capital, so its inclusion as one of the five potential casino locations is not difficult to understand.
However, Richmond is separating itself from the other four towns in terms of its timeline for bringing casino gambling to Virginia. While the other four cities placed the referendum on the 2020 ballot (and got their way), Richmond elected to delay the city’s voter decision until 2021.
In preparation for the new facility, Richmond officials have partnered with the Pamunkey Indian Tribe. The tribe has already purchased four pieces of land for the project, which add up to 36 acres of space. Three of the parcels are contiguous, and the fourth is to be used as the base for a to-be-constructed training center.
The delay might seem a bit curious, but it could end up being a savvy move on the part of city leadership. The Pamunkeys are already partnered with the city of Norfolk for its casino, and the experience that the tribe, which is new to gambling, acquires could be invaluable for a smoother process in Richmond.
The tribe is planning to spend $350 million to bring gambling to the city. Along with a 275-room hotel, patrons will also be able to find a spa and a fine dining option.
Naturally, there remain a great deal of regulatory and logistical hurdles to overcome. Our best guess is that you might see the Richmond casino open its doors in 2024.
Is online gambling legal in Virginia?
Yes, but only sports betting. There is no law on the books to permit or regulate online casino gambling in the commonwealth of Virginia.
Although this statement seems to provide a gray area in the law, the reality is that Virginia’s existing statutes have not looked favorably on any type of gambling, online or otherwise. Its law on what constitutes illegal gambling is quite broad. It would only take a zealous law enforcement official’s interpretation to put Virginians who choose to navigate this limbo in a sticky situation.
Do not be fooled by sites that claim to be legal in Virginia. At best, they are playing fast and loose with the truth about the legal situation for online casinos.
However, there is some good news. Virginians are able to play and bet on any number of sweepstakes sites that serve the inhabitants of the commonwealth.
Sweepstakes sites
There are several sweepstakes sites that can mostly replicate the experience of playing in a real online casino. These sites are able to operate legally by conducting business in a specific manner.
Popular sweepstakes sites that will accept players from Virginia include:
Three of these sites — Chumba, LuckyLand, and Global — are owned by the same company. However, all four of them function in the same way.
Is Gambling Illegal In Virginia
In order to qualify as a sweepstakes site, operators must abide by specific rules. The most important rule governing sweepstakes giveaways of all kinds is that they must be free to enter. Additionally, they must pay out their advertised prizes.
The sites partially accomplish their compliance with the rules through the use of a dual-currency system. For Chumba, LuckyLand and Global, the two currencies are the play-money Gold Coins and the redeemable Sweeps Coins. Funzpoints uses Funzpoints and Premium Funzpoints, respectively.
It is not, in fact, possible to purchase Sweeps Coins or Premium Funzpoints, so you are receiving the “prize” for free. For these sites to comply with sweepstakes law, it is possible to write to the companies and receive free redeemable currency. Most people don’t want to take the time to do this, though, so they pay for the play currency — which comes with free redeemable currency — for what is, essentially, a convenience fee.
Once you’re set up with some free money, however, there is not much to separate sites like Chumba, LuckyLand and Funzpoints from actual casino sites. There are slot games, table games and other options that you can play exactly the same way you would on an actual casino site.
What gambling is available in Virginia right now?
For many years, finding a way to gamble in Virginia was a bleak proposition. As recently as 2014, gambling locations and opportunities were shutting down, leaving only the state lottery as the option for Virginians who wanted to take a chance.
Thankfully, things are looking up again. The advent of historical horse racing in 2019 has given way to the return of live racing in the commonwealth. Now that sports betting is underway, gambling should become a significant fixture in Virginia.
In addition to sports betting, the following methods of gambling are available in Virginia:
Historical horse racing
The biggest addition to the Virginia gambling landscape in recent years has been historical horse racing. There are thousands of HHR machines located at Virginia’s lone racetrack, Colonial Downs, and four off-track locations in Hampton, New Kent, Richmond and Vinton. All four off-track facilities operate under the Rosie’s Gaming brand.
HHR machines use the results from horse races long past as the source of their material for betting. Players wager on the outcomes without knowing the identity of the races they’re betting.
Then, you have the option of either watching a graphical representation of the actual race or the results of the race translated into a slot machine-type output.
The machines have proven to be wildly successful for Virginia. The Virginia Racing Commission, which oversees the machines, reported handle topping $1.2 billion in 2019, six times higher than any previous year’s performance. HHR accounted for more than $1 billion of that figure.
Live racing
Colonial Downs likely figured that it should strike while the iron was hot. The new wave of patrons coming to the park for HHR meant that the racetrack could attempt to restart live racing, too. So live horse racing and the associated pari-mutuel betting returned to Virginia in 2019 after five years of dormancy.
Colonial Downs expanded its plans in 2020 to 18 races, three more than it conducted in 2019. However, the COVID-19 pandemic forced the track to cancel several of its dates toward the end of the season, including the Virginia Derby. The 2020 season was a difficult time for the racetrack, which had already canceled other dates earlier in the year due to extreme heat and tropical rain.
Nevertheless, live racing has returned in earnest to Virginia. Presumably, the HHR machines will help bring people to the track, and many of them will wander over to watch the present-day races, too.
Online horse betting
Even though live racing is just returning to Virginia, there’s no reason that you cannot place a horse bet through your mobile device or computer. Virginia is one of several states that allows players to use horse betting sites like TVG to wager on horse racing around the country.
Of those three sites, we strongly recommend that you use TVG. TVG is one of the most experienced horse racing sites on the planet, and has every possible option for betting that you could imagine.
TVG is not just a horse betting site, however. It is also a full-service broadcast network dedicated to horse racing. You can get insight and tips around the clock through the knowledgeable commentators who occupy the TVG desks. Though Fox Sports has recently tried to horn in on TVG’s status as the only horse betting network for Americans, TVG remains the premier spot to find information on the ponies in the US.
Daily fantasy sports
Whether daily fantasy sports is truly gambling remains a question in some quarters. Whatever it is, however, Virginians have more freedom than most states to engage in it.
Virginia was the first state in the US to legalize DFS outright. Inhabitants of the commonwealth have been able to do business with operators like DraftKings and FanDuel since 2016.
In a way, the boldness of lawmakers to make DFS a fixture in Virginia may have been a portent of the expansions to come in 2018-20. Once Virginians proved that they could wager without causing massive indebtedness and social disorder, it may have emboldened lawmakers to explore other options.
We’ll never know for sure, but what is certain is that you can play DFS without any hesitation in Virginia.
Lottery
Lastly, Virginia has an active and extensive state lottery. It is possible to play draw games, scratchers and instant win games.
Draw games include both state and interstate opportunities. You can play for smaller jackpots or shoot for bigger drawings like Mega Millions, Powerball and Cash4Life.
The Virginia Lottery has taken a halfway stab at online lottery sales. It is possible to set up an account and purchase a subscription to play a series of draw games online.
However, the utility stops short of self-contained instant win games or scratchers like you can play in other states. It’s not truly an online lottery in Virginia, but it’s close.
History of gambling in Virginia
If you had to describe Virginia’s past forays into gambling with a single word, that word would likely be “timid.” Virginia, like most states in the cultural South (except Mississippi), has an uneasy relationship with games of chance and has only inched its way into the pool one toe at a time.
The first bit of legal gambling to debut in Old Dominion was charitable gambling, which appeared on the scene in 1973. Bingo halls and charity poker became acceptable and quite popular, with annual tax revenues from charitable gambling stretching into the hundreds of millions of dollars.
The second form of gambling to find legality in Virginia was a common choice for states that would like to offer mild doses to their populaces. The state lottery debuted in the commonwealth in 1988. Subsequently, it grew into an institution in the state, with 5,000 retail locations and more than half a billion dollars generated in funding for Virginia schools each year.
Horse racing came to Virginia the year after the lottery’s launch. However, despite its status as a $100 million industry, horse tracks have struggled to stay open in the state. Between 2014 and 2019, the only live racing in Virginia came from the modest harness racing at Shenandoah Downs.
However, Virginia lawmakers introduced the practice of historical horse racing to the state in 2018. As a result, Virginians gained the ability to play on slot machine-like devices and wager on the outcomes of random horse races from the past.
The result has been a boon for the Virginia horse racing industry. In its first year of operation, HHR generated more than $1 billion in wagers for authorized locations in the state.
Is Sports Gambling Legal In Virginia
Actually, the legalization of HHR seemed to be part of a larger trend in the Virginia General Assembly in which lawmakers grew decidedly more favorable to legalizing gambling. In 2016, Virginia became the very first state in the country to recognize daily fantasy sports play formally as a legal game for its citizens.
So, although the idea of Virginia becoming a full-fledged gambling location seems a bit odd, the truth of the matter is that it’s part of a consistent shift in attitudes. The launch of online sports betting in the state and the affirmative votes on the casino referendums give a clear picture about where Virginians truly stand on the issue.
The bottom line is that gamblers in Virginia should feel quite optimistic. The days of Virginia dangling its feet in the waters of gambling appear to be ending.
Responsible gambling in Virginia
One of the unfortunate realities of gambling is that a certain percentage of its fans will take things too far. Problem gambling sufferers can quickly find themselves in a downward spiral and lose far too much on an activity that, ideally, is fun.
For that reason, Virginia has resources set aside to help problem gamblers get into recovery. The best resource for Virginians who find themselves in dire straits is to contact the Virginia Council on Problem Gambling Helpline at 1-888-532-3500. The call is toll-free, confidential and can connect you with experienced professionals who can give you guidance.
The law that changed the Virginia Lottery’s scope to include sports betting also mandated the establishment of the Problem Gambling Treatment and Support Fund, which will be administered by the Virginia Department of Health and Human Services. According to the law, the fund exists “to provide counseling to compulsive gamblers, implement problem gambling treatment and prevention programs, and provide grants to organizations that assist problem gamblers.”
In truth, responsible gambling resources are going to have to beef up as more gambling options become active in the state. The state lottery does maintain a self-exclusion list, but it will need to be more prominent and comprehensive when online sportsbooks launch, and then again when casino properties open their doors.
Problem gambling’s telltale sign is when you want to stop gambling, but you cannot do so. If you are suffering from this symptom, do not wait another moment to act. Each day you suffer from problem gambling is a day lost, along with whatever vital funds you threw away.
Don’t wait another second. Get help.