{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/58.1-4032.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/58.1-4032.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/58.1-4032.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/58.1-4032.html"}],"law_id":79490,"edition_id":1,"section_id":79490,"structure_id":14842,"section_number":"58.1-4032","catch_line":"Application for a sports betting permit; penalty","history":"2020, cc. 1218, 1256; 2021, Sp. Sess. I, cc. 351, 352; 2023, cc. 586, 587.","full_text":"A\n\nAn applicant for a sports betting permit shall:1\n\nSubmit an application to the Director, on forms prescribed by the Director, containing the information prescribed in subsection B; and2\n\nPay 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. The fees for each principal and any additional investigation costs paid to the Department shall be deposited into the Gaming Regulatory Fund established pursuant to § 58.1-4048.B\n\nAn application for a sports betting permit shall include the following information:1\n\nThe applicant’s background in sports betting;2\n\nThe applicant’s experience in wagering activities in other jurisdictions, including the applicant’s history and reputation of integrity and compliance;3\n\nThe 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\n\nThe applicant’s history of working to prevent compulsive gambling, including training programs for its employees;5\n\nIf applicable, any supporting documentation necessary to establish eligibility for substantial and preferred consideration pursuant to the provisions of this section;6\n\nThe applicant’s proposed procedures to detect and report suspicious or illegal betting activity; and7\n\nAny other information the Director deems necessary.C\n\nThe Department shall conduct a background investigation on the applicant. The background investigation shall include a credit history check, a tax record check, and a criminal history records check.D\n\n1. The Director shall not issue any permit pursuant to this article until the Board has established a consumer protection program and published a consumer protection bill of rights pursuant to the provisions of subdivision A 14 of \u00a7 58.1-4007.2\n\nThe Director shall issue no fewer than four and no more than 12 permits pursuant to this section; however, if an insufficient number of applicants apply for the Director to satisfy the minimum, this provision shall not be interpreted to direct the Director to issue a permit to an unqualified applicant. A permit shall not count toward the minimum or maximum if it (i) is issued pursuant to subdivision 4 or 5 to a major league sports franchise or to the operator of a facility; (ii) is issued pursuant to subdivision 6 to an applicant that operates or intends to operate a casino gaming establishment; or (iii) is revoked, expires, or otherwise becomes not effective.3\n\nIn issuing permits to operate sports betting platforms and sports betting facilities, the Director shall consider the following factors:\n\t\t\t\ta. The contents of the applicant’s application as required by subsection B;\n\t\t\t\tb. The extent to which the applicant demonstrates past experience, financial viability, compliance with applicable laws and regulations, and success with sports betting operations in other states;\n\t\t\t\tc. The extent to which the applicant will be able to meet the duties of a permit holder, as specified in § 58.1-4034;\n\t\t\t\td. Whether the applicant has demonstrated to the Department that it has made serious, good-faith efforts to solicit and interview a reasonable number of investors that are minority individuals, as defined in § 2.2-1604;\n\t\t\t\te. The amount of adjusted gross revenue and associated tax revenue that an applicant is expected to generate;\n\t\t\t\tf. The effect of issuing an additional permit on the amount of gross revenue and associated tax revenue generated by all existing permit holders, considered in the aggregate; and\n\t\t\t\tg. Any other factor the Director considers relevant.4\n\nIn issuing permits to operate sports betting platforms prior to July 1, 2025, the Director shall give substantial and preferred consideration to any applicant that is a major league sports franchise headquartered in the Commonwealth that remitted personal state income tax withholdings based on taxable wages in the Commonwealth in excess of $200 million for the 2019 taxable year. Any permit holder granted a permit pursuant to this subdivision shall receive substantial and preferred consideration of its first, second, and third applications for renewal pursuant to the provisions of § 58.1-4033; however, such permit holder shall not receive substantial and preferred consideration of its fourth and subsequent applications for renewal. Any permit granted pursuant to this subdivision shall expire if the permit holder ceases to maintain its headquarters in the Commonwealth.5\n\nIn issuing permits to operate sports betting platforms prior to July 1, 2025, the Director shall give substantial and preferred consideration to any applicant that is a major league sports franchise that plays five or more regular season games per year at a facility in the Commonwealth or that is the operator of a facility in the Commonwealth where a major league sports franchise plays five or more regular season games per year; however, the Director shall give such substantial and preferred consideration only if the applicant (i) is headquartered in the Commonwealth, (ii) has an annualized payroll for taxable wages in the Commonwealth that is in excess of $10 million over the 90-day period prior to the application date, and (iii) the total number of individuals working at the facility in the Commonwealth where the major league sports franchise plays five or more regular season games is in excess of 100.6\n\nIf casino gaming is authorized under the laws of the Commonwealth, then in issuing permits to operate sports betting platforms and sports betting facilities, 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 $300 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.7\n\nIn issuing permits to operate sports betting platforms prior to July 1, 2025, the Director shall give substantial and preferred consideration to any applicant that demonstrates in its application (i) a description of any equity interest owned by minority individuals or minority-owned businesses, (ii) a detailed plan to achieve increased minority equity investment, (iii) a description of all efforts made to seek equity investment from minority individuals or minority-owned businesses, or (iv) a plan detailing efforts made to solicit participation of minority individuals or minority-owned businesses in the applicant’s purchase of goods and services related to the sports betting platform or to provide assistance to a historically disadvantaged community or historically black colleges and universities located within the Commonwealth. As used in this subdivision, “historically black colleges and universities,” “minority individual,” and “minority-owned business” mean the same as those terms are defined in § 2.2-1604.8\n\nIn a manner as may be required by Board regulation, any entity that applies pursuant to subdivision 4, 5, 6, or 7 may demonstrate compliance with the requirements of an application, the duties of a permit holder, and any other provision of this article through the use of a partner, subcontractor, or other affiliate of the applicant.E\n\nThe Director shall make a determination on an initial application for a sports betting permit within 90 days of receipt. The Director’s action shall be final unless appealed in accordance with § 58.1-4007.F\n\nThe following shall be grounds for denial of a permit or renewal of a permit:1\n\nThe Director reasonably believes the applicant will be unable to satisfy the duties of a permit holder as described in subsection A of § 58.1-4034;2\n\nThe Director reasonably believes that the applicant or its directors lack good character, honesty, or integrity;3\n\nThe Director reasonably believes that the applicant’s prior activities, criminal record, reputation, or associations are likely to (i) pose a threat to the public interest, (ii) impede the regulation of sports betting, or (iii) promote unfair or illegal activities in the conduct of sports betting;4\n\nThe applicant or its directors knowingly make a false statement of material fact or deliberately fail to disclose information requested by the Director;5\n\nThe applicant or its directors knowingly fail to comply with the provisions of this article or any requirements of the Director;6\n\nThe applicant or its directors were convicted of a felony, a crime of moral turpitude, or any criminal offense involving dishonesty or breach of trust within the 10 years prior to the submission date of the permit application;7\n\nThe applicant’s license, registration, or permit to conduct a sports betting operation issued by any other jurisdiction has been suspended or revoked;8\n\nThe applicant defaults in payment of any obligation or debt due to the Commonwealth; or9\n\nThe applicant’s application is incomplete.G\n\nThe Director shall have the discretion to waive any of the grounds for denial of a permit or renewal of a permit if he determines that denial would limit the number of applicants or permit holders in a manner contrary to the best interests of the Commonwealth.H\n\nPrior to issuance of a permit, each permit holder shall either (i) be bonded by a surety company entitled to do business in the Commonwealth in such amount and penalty as may be prescribed by the regulations of the Board or (ii) provide other surety, letter of credit, or reserve as may be satisfactory to the Director. Such surety shall be prescribed by Board regulations and shall not exceed a reasonable amount.I\n\nAny person who knowingly and willfully falsifies, conceals, or misrepresents a material fact or knowingly and willfully makes a false, fictitious, or fraudulent statement or representation in any application pursuant to this article is guilty of a Class 1 misdemeanor.J\n\nIn addition to the fee required pursuant to subdivision A 2, any applicant to which the Department issues a permit shall pay a nonrefundable fee of $250,000 to the Department prior to the issuance of such permit. Such fees shall be deposited by the Department into the Gaming Regulatory Fund established pursuant to § 58.1-4048.","order_by":null,"text":{"0":{"id":284734,"text":"An applicant for a sports betting permit shall:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":284735,"text":"Submit an application to the Director, on forms prescribed by the Director, containing the information prescribed in subsection B; and","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":284736,"text":"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. The fees for each principal and any additional investigation costs paid to the Department shall be deposited into the Gaming Regulatory Fund established pursuant to § 58.1-4048.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"B"},"3":{"id":284737,"text":"An application for a sports betting permit shall include the following information:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A2","next_prefix":"B1"},"4":{"id":284738,"text":"The applicant’s background in sports betting;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"5":{"id":284739,"text":"The applicant’s experience in wagering activities in other jurisdictions, including the applicant’s history and reputation of integrity and compliance;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"6":{"id":284740,"text":"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;","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"7":{"id":284741,"text":"The applicant’s history of working to prevent compulsive gambling, including training programs for its employees;","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"8":{"id":284742,"text":"If applicable, any supporting documentation necessary to establish eligibility for substantial and preferred consideration pursuant to the provisions of this section;","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"B6"},"9":{"id":284743,"text":"The applicant’s proposed procedures to detect and report suspicious or illegal betting activity; and","type":"section","prefixes":["B","6"],"prefix":"6","entire_prefix":"B6","prefix_anchor":"B6","level":2,"prior_prefix":"B5","next_prefix":"B7"},"10":{"id":284744,"text":"Any other information the Director deems necessary.","type":"section","prefixes":["B","7"],"prefix":"7","entire_prefix":"B7","prefix_anchor":"B7","level":2,"prior_prefix":"B6","next_prefix":"C"},"11":{"id":284745,"text":"The Department shall conduct a background investigation on the applicant. The background investigation shall include a credit history check, a tax record check, and a criminal history records check.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B7","next_prefix":"D"},"12":{"id":284746,"text":"1. The Director shall not issue any permit pursuant to this article until the Board has established a consumer protection program and published a consumer protection bill of rights pursuant to the provisions of subdivision A 14 of \u00a7 58.1-4007.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"D2"},"13":{"id":284747,"text":"The Director shall issue no fewer than four and no more than 12 permits pursuant to this section; however, if an insufficient number of applicants apply for the Director to satisfy the minimum, this provision shall not be interpreted to direct the Director to issue a permit to an unqualified applicant. A permit shall not count toward the minimum or maximum if it (i) is issued pursuant to subdivision 4 or 5 to a major league sports franchise or to the operator of a facility; (ii) is issued pursuant to subdivision 6 to an applicant that operates or intends to operate a casino gaming establishment; or (iii) is revoked, expires, or otherwise becomes not effective.","type":"section","prefixes":["D","2"],"prefix":"2","entire_prefix":"D2","prefix_anchor":"D2","level":2,"prior_prefix":"D","next_prefix":"D3"},"14":{"id":284748,"text":"In issuing permits to operate sports betting platforms and sports betting facilities, the Director shall consider the following factors:\n\t\t\t\ta. The contents of the applicant’s application as required by subsection B;\n\t\t\t\tb. The extent to which the applicant demonstrates past experience, financial viability, compliance with applicable laws and regulations, and success with sports betting operations in other states;\n\t\t\t\tc. The extent to which the applicant will be able to meet the duties of a permit holder, as specified in § 58.1-4034;\n\t\t\t\td. Whether the applicant has demonstrated to the Department that it has made serious, good-faith efforts to solicit and interview a reasonable number of investors that are minority individuals, as defined in § 2.2-1604;\n\t\t\t\te. The amount of adjusted gross revenue and associated tax revenue that an applicant is expected to generate;\n\t\t\t\tf. The effect of issuing an additional permit on the amount of gross revenue and associated tax revenue generated by all existing permit holders, considered in the aggregate; and\n\t\t\t\tg. Any other factor the Director considers relevant.","type":"section","prefixes":["D","3"],"prefix":"3","entire_prefix":"D3","prefix_anchor":"D3","level":2,"prior_prefix":"D2","next_prefix":"D4"},"15":{"id":284749,"text":"In issuing permits to operate sports betting platforms prior to July 1, 2025, the Director shall give substantial and preferred consideration to any applicant that is a major league sports franchise headquartered in the Commonwealth that remitted personal state income tax withholdings based on taxable wages in the Commonwealth in excess of $200 million for the 2019 taxable year. Any permit holder granted a permit pursuant to this subdivision shall receive substantial and preferred consideration of its first, second, and third applications for renewal pursuant to the provisions of § 58.1-4033; however, such permit holder shall not receive substantial and preferred consideration of its fourth and subsequent applications for renewal. Any permit granted pursuant to this subdivision shall expire if the permit holder ceases to maintain its headquarters in the Commonwealth.","type":"section","prefixes":["D","4"],"prefix":"4","entire_prefix":"D4","prefix_anchor":"D4","level":2,"prior_prefix":"D3","next_prefix":"D5"},"16":{"id":284750,"text":"In issuing permits to operate sports betting platforms prior to July 1, 2025, the Director shall give substantial and preferred consideration to any applicant that is a major league sports franchise that plays five or more regular season games per year at a facility in the Commonwealth or that is the operator of a facility in the Commonwealth where a major league sports franchise plays five or more regular season games per year; however, the Director shall give such substantial and preferred consideration only if the applicant (i) is headquartered in the Commonwealth, (ii) has an annualized payroll for taxable wages in the Commonwealth that is in excess of $10 million over the 90-day period prior to the application date, and (iii) the total number of individuals working at the facility in the Commonwealth where the major league sports franchise plays five or more regular season games is in excess of 100.","type":"section","prefixes":["D","5"],"prefix":"5","entire_prefix":"D5","prefix_anchor":"D5","level":2,"prior_prefix":"D4","next_prefix":"D6"},"17":{"id":284751,"text":"If casino gaming is authorized under the laws of the Commonwealth, then in issuing permits to operate sports betting platforms and sports betting facilities, 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 $300 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.","type":"section","prefixes":["D","6"],"prefix":"6","entire_prefix":"D6","prefix_anchor":"D6","level":2,"prior_prefix":"D5","next_prefix":"D7"},"18":{"id":284752,"text":"In issuing permits to operate sports betting platforms prior to July 1, 2025, the Director shall give substantial and preferred consideration to any applicant that demonstrates in its application (i) a description of any equity interest owned by minority individuals or minority-owned businesses, (ii) a detailed plan to achieve increased minority equity investment, (iii) a description of all efforts made to seek equity investment from minority individuals or minority-owned businesses, or (iv) a plan detailing efforts made to solicit participation of minority individuals or minority-owned businesses in the applicant’s purchase of goods and services related to the sports betting platform or to provide assistance to a historically disadvantaged community or historically black colleges and universities located within the Commonwealth. As used in this subdivision, “historically black colleges and universities,” “minority individual,” and “minority-owned business” mean the same as those terms are defined in § 2.2-1604.","type":"section","prefixes":["D","7"],"prefix":"7","entire_prefix":"D7","prefix_anchor":"D7","level":2,"prior_prefix":"D6","next_prefix":"D8"},"19":{"id":284753,"text":"In a manner as may be required by Board regulation, any entity that applies pursuant to subdivision 4, 5, 6, or 7 may demonstrate compliance with the requirements of an application, the duties of a permit holder, and any other provision of this article through the use of a partner, subcontractor, or other affiliate of the applicant.","type":"section","prefixes":["D","8"],"prefix":"8","entire_prefix":"D8","prefix_anchor":"D8","level":2,"prior_prefix":"D7","next_prefix":"E"},"20":{"id":284754,"text":"The Director shall make a determination on an initial application for a sports betting permit within 90 days of receipt. The Director’s action shall be final unless appealed in accordance with § 58.1-4007.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D8","next_prefix":"F"},"21":{"id":284755,"text":"The following shall be grounds for denial of a permit or renewal of a permit:","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"F1"},"22":{"id":284756,"text":"The Director reasonably believes the applicant will be unable to satisfy the duties of a permit holder as described in subsection A of § 58.1-4034;","type":"section","prefixes":["F","1"],"prefix":"1","entire_prefix":"F1","prefix_anchor":"F1","level":2,"prior_prefix":"F","next_prefix":"F2"},"23":{"id":284757,"text":"The Director reasonably believes that the applicant or its directors lack good character, honesty, or integrity;","type":"section","prefixes":["F","2"],"prefix":"2","entire_prefix":"F2","prefix_anchor":"F2","level":2,"prior_prefix":"F1","next_prefix":"F3"},"24":{"id":284758,"text":"The Director reasonably believes that the applicant’s prior activities, criminal record, reputation, or associations are likely to (i) pose a threat to the public interest, (ii) impede the regulation of sports betting, or (iii) promote unfair or illegal activities in the conduct of sports betting;","type":"section","prefixes":["F","3"],"prefix":"3","entire_prefix":"F3","prefix_anchor":"F3","level":2,"prior_prefix":"F2","next_prefix":"F4"},"25":{"id":284759,"text":"The applicant or its directors knowingly make a false statement of material fact or deliberately fail to disclose information requested by the Director;","type":"section","prefixes":["F","4"],"prefix":"4","entire_prefix":"F4","prefix_anchor":"F4","level":2,"prior_prefix":"F3","next_prefix":"F5"},"26":{"id":284760,"text":"The applicant or its directors knowingly fail to comply with the provisions of this article or any requirements of the Director;","type":"section","prefixes":["F","5"],"prefix":"5","entire_prefix":"F5","prefix_anchor":"F5","level":2,"prior_prefix":"F4","next_prefix":"F6"},"27":{"id":284761,"text":"The applicant or its directors were convicted of a felony, a crime of moral turpitude, or any criminal offense involving dishonesty or breach of trust within the 10 years prior to the submission date of the permit application;","type":"section","prefixes":["F","6"],"prefix":"6","entire_prefix":"F6","prefix_anchor":"F6","level":2,"prior_prefix":"F5","next_prefix":"F7"},"28":{"id":284762,"text":"The applicant’s license, registration, or permit to conduct a sports betting operation issued by any other jurisdiction has been suspended or revoked;","type":"section","prefixes":["F","7"],"prefix":"7","entire_prefix":"F7","prefix_anchor":"F7","level":2,"prior_prefix":"F6","next_prefix":"F8"},"29":{"id":284763,"text":"The applicant defaults in payment of any obligation or debt due to the Commonwealth; or","type":"section","prefixes":["F","8"],"prefix":"8","entire_prefix":"F8","prefix_anchor":"F8","level":2,"prior_prefix":"F7","next_prefix":"F9"},"30":{"id":284764,"text":"The applicant’s application is incomplete.","type":"section","prefixes":["F","9"],"prefix":"9","entire_prefix":"F9","prefix_anchor":"F9","level":2,"prior_prefix":"F8","next_prefix":"G"},"31":{"id":284765,"text":"The Director shall have the discretion to waive any of the grounds for denial of a permit or renewal of a permit if he determines that denial would limit the number of applicants or permit holders in a manner contrary to the best interests of the Commonwealth.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F9","next_prefix":"H"},"32":{"id":284766,"text":"Prior to issuance of a permit, each permit holder shall either (i) be bonded by a surety company entitled to do business in the Commonwealth in such amount and penalty as may be prescribed by the regulations of the Board or (ii) provide other surety, letter of credit, or reserve as may be satisfactory to the Director. Such surety shall be prescribed by Board regulations and shall not exceed a reasonable amount.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"33":{"id":284767,"text":"Any person who knowingly and willfully falsifies, conceals, or misrepresents a material fact or knowingly and willfully makes a false, fictitious, or fraudulent statement or representation in any application pursuant to this article is guilty of a Class 1 misdemeanor.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H","next_prefix":"J"},"34":{"id":284768,"text":"In addition to the fee required pursuant to subdivision A 2, any applicant to which the Department issues a permit shall pay a nonrefundable fee of $250,000 to the Department prior to the issuance of such permit. Such fees shall be deposited by the Department into the Gaming Regulatory Fund established pursuant to § 58.1-4048.","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I"}},"ancestry":[{"id":14842,"edition_id":1,"name":"Sports Betting","identifier":"2","label":"article","depth":4,"order_by":1,"parent_id":13968,"metadata":{},"date_created":"2026-06-26 03:50:19","date_modified":"2026-06-26 03:50:19","permalink":{"id":259243,"object_type":"structure","relational_id":14842,"identifier":"2","token":"58.1\/IV\/40\/2","url":"\/58.1\/IV\/40\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13968,"edition_id":1,"name":"Virginia Lottery Law; Sports Betting","identifier":"40","label":"chapter","depth":3,"order_by":1,"parent_id":13501,"metadata":{},"date_created":"2026-06-26 03:46:27","date_modified":"2026-06-26 03:46:27","permalink":{"id":259075,"object_type":"structure","relational_id":13968,"identifier":"40","token":"58.1\/IV\/40","url":"\/58.1\/IV\/40\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13501,"edition_id":1,"name":"Other Sources of State Revenue","identifier":"IV","label":"subtitle","depth":2,"order_by":1,"parent_id":12703,"metadata":{},"date_created":"2026-06-26 03:45:05","date_modified":"2026-06-26 03:45:05","permalink":{"id":259073,"object_type":"structure","relational_id":13501,"identifier":"IV","token":"58.1\/IV","url":"\/58.1\/IV\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12703,"edition_id":1,"name":"Taxation","identifier":"58.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":251959,"object_type":"structure","relational_id":12703,"identifier":"58.1","token":"58.1","url":"\/58.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":67888,"structure_id":14842,"section_number":"58.1-4030","catch_line":"Definitions","url":"\/58.1-4030\/","token":"58.1\/IV\/40\/2\/58.1-4030","metadata":false},{"id":84595,"structure_id":14842,"section_number":"58.1-4031","catch_line":"Powers and duties of the Director related to sports betting; reporting","url":"\/58.1-4031\/","token":"58.1\/IV\/40\/2\/58.1-4031","metadata":false},{"id":79490,"structure_id":14842,"section_number":"58.1-4032","catch_line":"Application for a sports betting permit; penalty","url":"\/58.1-4032\/","token":"58.1\/IV\/40\/2\/58.1-4032","metadata":false},{"id":85758,"structure_id":14842,"section_number":"58.1-4033","catch_line":"Renewals of permits","url":"\/58.1-4033\/","token":"58.1\/IV\/40\/2\/58.1-4033","metadata":false},{"id":65420,"structure_id":14842,"section_number":"58.1-4034","catch_line":"Duties of permit holders","url":"\/58.1-4034\/","token":"58.1\/IV\/40\/2\/58.1-4034","metadata":false},{"id":82167,"structure_id":14842,"section_number":"58.1-4035","catch_line":"Suspension and revocation of permits; civil penalties","url":"\/58.1-4035\/","token":"58.1\/IV\/40\/2\/58.1-4035","metadata":false},{"id":73770,"structure_id":14842,"section_number":"58.1-4036","catch_line":"Use of official league data","url":"\/58.1-4036\/","token":"58.1\/IV\/40\/2\/58.1-4036","metadata":false},{"id":78020,"structure_id":14842,"section_number":"58.1-4037","catch_line":"Tax on adjusted gross revenue","url":"\/58.1-4037\/","token":"58.1\/IV\/40\/2\/58.1-4037","metadata":false},{"id":82569,"structure_id":14842,"section_number":"58.1-4038","catch_line":"Distribution of tax revenue","url":"\/58.1-4038\/","token":"58.1\/IV\/40\/2\/58.1-4038","metadata":false},{"id":83622,"structure_id":14842,"section_number":"58.1-4039","catch_line":"Events on which betting is prohibited; penalty","url":"\/58.1-4039\/","token":"58.1\/IV\/40\/2\/58.1-4039","metadata":false},{"id":76314,"structure_id":14842,"section_number":"58.1-4040","catch_line":"Underage betting prohibited; penalty","url":"\/58.1-4040\/","token":"58.1\/IV\/40\/2\/58.1-4040","metadata":false},{"id":84262,"structure_id":14842,"section_number":"58.1-4041","catch_line":"Persons prohibited from sports betting; penalty","url":"\/58.1-4041\/","token":"58.1\/IV\/40\/2\/58.1-4041","metadata":false},{"id":86916,"structure_id":14842,"section_number":"58.1-4042","catch_line":"Operation and advertising of unpermitted facilities prohibited; penalty","url":"\/58.1-4042\/","token":"58.1\/IV\/40\/2\/58.1-4042","metadata":false},{"id":87015,"structure_id":14842,"section_number":"58.1-4043","catch_line":"Reporting and investigating prohibited conduct","url":"\/58.1-4043\/","token":"58.1\/IV\/40\/2\/58.1-4043","metadata":false},{"id":76389,"structure_id":14842,"section_number":"58.1-4044","catch_line":"Required direct notification to the Department and to sports governing bodies","url":"\/58.1-4044\/","token":"58.1\/IV\/40\/2\/58.1-4044","metadata":false},{"id":77288,"structure_id":14842,"section_number":"58.1-4045","catch_line":"Liquidity pools","url":"\/58.1-4045\/","token":"58.1\/IV\/40\/2\/58.1-4045","metadata":false},{"id":70003,"structure_id":14842,"section_number":"58.1-4046","catch_line":"Intermediate routing of electronic data","url":"\/58.1-4046\/","token":"58.1\/IV\/40\/2\/58.1-4046","metadata":false},{"id":58504,"structure_id":14842,"section_number":"58.1-4047","catch_line":"Certain provisions in Article 1 (\u00a7 58.1-4000 et seq.) to apply, mutatis mutandis","url":"\/58.1-4047\/","token":"58.1\/IV\/40\/2\/58.1-4047","metadata":false},{"id":56740,"structure_id":14842,"section_number":"58.1-4048","catch_line":"Gaming Regulatory Fund","url":"\/58.1-4048\/","token":"58.1\/IV\/40\/2\/58.1-4048","metadata":false}],"previous_section":{"id":84595,"structure_id":14842,"section_number":"58.1-4031","catch_line":"Powers and duties of the Director related to sports betting; reporting","url":"\/58.1-4031\/","token":"58.1\/IV\/40\/2\/58.1-4031","metadata":false},"next_section":{"id":85758,"structure_id":14842,"section_number":"58.1-4033","catch_line":"Renewals of permits","url":"\/58.1-4033\/","token":"58.1\/IV\/40\/2\/58.1-4033","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/58.1-4032\/","history_text":"

This law was first created in 2020. The record of its establishment is cataloged in chapters 1218<\/a> and 1256<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2023, chapters 586<\/a> and 587<\/a>.<\/p>","references":[{"id":67888,"section_number":"58.1-4030","catch_line":"Definitions","order_by":null,"url":"\/58.1-4030\/"},{"id":85758,"section_number":"58.1-4033","catch_line":"Renewals of permits","order_by":null,"url":"\/58.1-4033\/"},{"id":65420,"section_number":"58.1-4034","catch_line":"Duties of permit holders","order_by":null,"url":"\/58.1-4034\/"},{"id":56740,"section_number":"58.1-4048","catch_line":"Gaming Regulatory Fund","order_by":null,"url":"\/58.1-4048\/"},{"id":61549,"section_number":"58.1-4109","catch_line":"Submission of preferred casino gaming operator by eligible host city; application for operator's license; penalty","order_by":null,"url":"\/58.1-4109\/"}],"refers_to":[{"id":65884,"section_number":"2.2-1604","catch_line":"Definitions","order_by":null,"url":"\/2.2-1604\/"},{"id":62905,"section_number":"58.1-4007.2","catch_line":"Repealed","order_by":null,"url":"\/58.1-4007.2\/"},{"id":85758,"section_number":"58.1-4033","catch_line":"Renewals of permits","order_by":null,"url":"\/58.1-4033\/"},{"id":65420,"section_number":"58.1-4034","catch_line":"Duties of permit holders","order_by":null,"url":"\/58.1-4034\/"},{"id":56740,"section_number":"58.1-4048","catch_line":"Gaming Regulatory Fund","order_by":null,"url":"\/58.1-4048\/"}],"permalink":{"id":259253,"object_type":"law","relational_id":79490,"identifier":"58.1-4032","token":"58.1\/IV\/40\/2\/58.1-4032","url":"\/58.1-4032\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/58.1-4032\/","token":"58.1\/IV\/40\/2\/58.1-4032","dublin_core":{"Title":"Application for a sports betting permit; penalty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 58.1-4032","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> An applicant for a sports betting permit<\/span> shall: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Submit an application to the Director<\/span>, on forms prescribed by the Director<\/span>, containing the information prescribed in subsection B; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Pay to the Department<\/span> a nonrefundable fee of $50,000 for each principal<\/span> at the time of filing to defray the costs associated with the background investigations conducted by the Department<\/span>. If the reasonable costs of the investigation exceed the application fee, the applicant shall pay the additional amount to the Department<\/span>. The Board<\/span> may establish regulations calculating the reasonable costs to the Department<\/span> in performing its functions under this article and allocating such costs to the applicants for licensure at the time of filing. The fees for each principal<\/span> and any additional investigation costs paid to the Department<\/span> shall be deposited into the Gaming Regulatory Fund established pursuant to § 58.1-4048<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> An application for a sports betting permit<\/span> shall include the following information: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The applicant’s background in sports betting; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The applicant’s experience in wagering activities in other jurisdictions<\/span>, including the applicant’s history and reputation of integrity and compliance; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> 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; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The applicant’s history of working to prevent compulsive gambling, including training programs for its employees; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> If applicable, any supporting documentation necessary to establish eligibility for substantial and preferred consideration pursuant to the provisions of this section; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> The applicant’s proposed procedures to detect and report suspicious or illegal betting activity; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Any other information the Director<\/span> deems necessary. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The Department<\/span> shall conduct a background investigation on the applicant. The background investigation shall include a credit history check, a tax record check, and a criminal history records check. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> 1. The Director<\/span> shall not issue<\/span> any permit pursuant to this article until the Board<\/span> has established a consumer protection program and published a consumer protection bill of rights pursuant to the provisions of subdivision A 14 of \u00a7 58.1-4007<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The Director<\/span> shall issue<\/span> no fewer than four and no more than 12 permits pursuant to this section; however, if an insufficient number of applicants apply for the Director<\/span> to satisfy the minimum, this provision shall not be interpreted to direct the Director<\/span> to issue<\/span> a permit to an unqualified applicant. A permit shall not count toward the minimum or maximum if it (i) is issued pursuant to subdivision 4 or 5 to a major league sports franchise<\/span> or to the operator of a facility; (ii) is issued pursuant to subdivision 6 to an applicant that operates or intends to operate a casino gaming<\/span> establishment; or (iii) is revoked, expires, or otherwise becomes not effective. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> In issuing permits to operate sports betting platforms<\/span> and sports betting facilities, the Director<\/span> shall consider the following factors:\n\t\t\t\ta. The contents of the applicant’s application as required by subsection B;\n\t\t\t\tb. The extent to which the applicant demonstrates past experience, financial viability, compliance with applicable laws<\/span> and regulations, and success with sports betting operations in other states;\n\t\t\t\tc. The extent to which the applicant will be able to meet the duties of a permit holder<\/span>, as specified in § 58.1-4034<\/a>;\n\t\t\t\td. Whether the applicant has demonstrated to the Department<\/span> that it has made serious, good-faith efforts to solicit and interview a reasonable number of investors that are minority individuals, as defined in § 2.2-1604<\/a>;\n\t\t\t\te. The amount of adjusted gross revenue<\/span> and associated tax revenue that an applicant is expected to generate;\n\t\t\t\tf. The effect of issuing an additional permit on the amount of gross revenue and associated tax revenue generated by all existing permit holders<\/span>, considered in the aggregate; and\n\t\t\t\tg. Any other factor the Director<\/span> considers relevant. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> In issuing permits to operate sports betting platforms<\/span> prior to July 1, 2025, the Director<\/span> shall give substantial and preferred consideration to any applicant that is a major league sports franchise<\/span> headquartered in the Commonwealth that remitted personal state income tax withholdings based on taxable wages in the Commonwealth in excess of $200 million for the 2019 taxable year. Any permit holder<\/span> granted a permit pursuant to this subdivision shall receive substantial and preferred consideration of its first, second, and third applications for renewal pursuant to the provisions of § 58.1-4033<\/a>; however, such permit holder<\/span> shall not receive substantial and preferred consideration of its fourth and subsequent applications for renewal. Any permit granted pursuant to this subdivision shall expire if the permit holder<\/span> ceases to maintain its headquarters in the Commonwealth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> In issuing permits to operate sports betting platforms<\/span> prior to July 1, 2025, the Director<\/span> shall give substantial and preferred consideration to any applicant that is a major league sports franchise<\/span> that plays five or more regular season games<\/span> per year at a facility in the Commonwealth or that is the operator of a facility in the Commonwealth where a major league sports franchise<\/span> plays five or more regular season games<\/span> per year; however, the Director<\/span> shall give such substantial and preferred consideration only if the applicant (i) is headquartered in the Commonwealth, (ii) has an annualized payroll for taxable wages in the Commonwealth that is in excess of $10 million over the 90-day period prior to the application date, and (iii) the total number of individuals working at the facility in the Commonwealth where the major league sports franchise<\/span> plays five or more regular season games<\/span> is in excess of 100. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> If casino gaming<\/span> is authorized under the laws<\/span> of the Commonwealth, then in issuing permits to operate sports betting platforms<\/span> and sports betting facilities, the Director<\/span> shall give substantial and preferred consideration to any applicant that (i) has made or intends to make a capital investment of at least $300 million in a casino gaming<\/span> 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<\/span> operator to the Department<\/span> by an eligible host city; and (iii) has been certified by the Department<\/span> to proceed to a local referendum<\/span> on whether casino gaming<\/span> will be allowed in the locality in which the applicant intends to operate a casino gaming<\/span> establishment. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> In issuing permits to operate sports betting platforms<\/span> prior to July 1, 2025, the Director<\/span> shall give substantial and preferred consideration to any applicant that demonstrates in its application (i) a description of any equity<\/span> interest owned by minority individuals or minority-owned businesses, (ii) a detailed plan to achieve increased minority equity<\/span> investment, (iii) a description of all efforts made to seek equity<\/span> investment from minority individuals or minority-owned businesses, or (iv) a plan detailing efforts made to solicit participation of minority individuals or minority-owned businesses in the applicant’s purchase of goods and services related to the sports betting platform<\/span> or to provide assistance to a historically disadvantaged community or historically black colleges and universities located within the Commonwealth. As used in this subdivision, “historically black colleges and universities,” “minority individual,” and “minority-owned business<\/span>” mean the same as those terms are defined in § 2.2-1604<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> In a manner as may be required by Board<\/span> regulation, any entity that applies pursuant to subdivision 4, 5, 6, or 7 may demonstrate compliance with the requirements of an application, the duties of a permit holder<\/span>, and any other provision of this article through the use of a partner, subcontractor, or other affiliate of the applicant. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The Director<\/span> shall make a determination on an initial application for a sports betting permit<\/span> within 90 days of receipt. The Director<\/span>’s action shall be final unless appealed in accordance with § 58.1-4007<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The following shall be grounds for denial of a permit or renewal of a permit: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The Director<\/span> reasonably believes the applicant will be unable to satisfy the duties of a permit holder<\/span> as described in subsection A of § 58.1-4034<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The Director<\/span> reasonably believes that the applicant or its directors<\/span> lack good character, honesty, or integrity; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The Director<\/span> reasonably believes that the applicant’s prior activities, criminal record, reputation, or associations are likely to (i) pose a threat to the public interest, (ii) impede the regulation of sports betting, or (iii) promote unfair or illegal activities in the conduct of sports betting; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The applicant or its directors<\/span> knowingly make a false statement of material<\/span> fact<\/span> or deliberately fail to disclose information requested by the Director<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> The applicant or its directors<\/span> knowingly fail to comply with the provisions of this article or any requirements of the Director<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> The applicant or its directors<\/span> were convicted of a felony<\/span>, a crime<\/span> of moral turpitude<\/span>, or any criminal offense<\/span> involving dishonesty or breach of trust within the 10 years prior to the submission date of the permit application; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> The applicant’s license, registration, or permit to conduct a sports betting operation issued by any other jurisdiction<\/span> has been suspended or revoked; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> The applicant defaults<\/span> in payment of any obligation or debt due to the Commonwealth; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> The applicant’s application is incomplete. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> The Director<\/span> shall have the discretion to waive<\/span> any of the grounds for denial of a permit or renewal of a permit if he determines that denial would limit the number of applicants or permit holders<\/span> in a manner contrary to the best interests of the Commonwealth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> Prior to issuance of a permit, each permit holder<\/span> shall either (i) be bonded by a surety<\/span> company entitled to do business in the Commonwealth in such amount and penalty<\/span> as may be prescribed by the regulations of the Board<\/span> or (ii) provide other surety<\/span>, letter of credit, or reserve as may be satisfactory to the Director<\/span>. Such surety<\/span> shall be prescribed by Board<\/span> regulations and shall not exceed a reasonable amount. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> Any person who knowingly and willfully falsifies, conceals, or misrepresents a material<\/span> fact<\/span> or knowingly and willfully makes a false, fictitious, or fraudulent statement or representation in any application pursuant to this article is guilty of a Class 1 misdemeanor<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

J.<\/span> In addition to the fee required pursuant to subdivision A 2, any applicant to which the Department<\/span> issues<\/span> a permit shall pay a nonrefundable fee of $250,000 to the Department<\/span> prior to the issuance of such permit. Such fees shall be deposited by the Department<\/span> into the Gaming Regulatory Fund established pursuant to § 58.1-4048<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAPPLICATION FOR A SPORTS BETTING PERMIT; PENALTY (\u00a7 58.1-4032)\n\nA. An applicant for a sports betting permit shall:\n\n 1. Submit an application to the Director, on forms prescribed by the Director,\n containing the information prescribed in subsection B; and\n\n 2. Pay to the Department a nonrefundable fee of $50,000 for each principal at\n the time of filing to defray the costs associated with the background\n investigations conducted by the Department. If the reasonable costs of the\n investigation exceed the application fee, the applicant shall pay the\n additional amount to the Department. The Board may establish regulations\n calculating the reasonable costs to the Department in performing its functions\n under this article and allocating such costs to the applicants for licensure\n at the time of filing. The fees for each principal and any additional\n investigation costs paid to the Department shall be deposited into the Gaming\n Regulatory Fund established pursuant to § 58.1-4048.\n\nB. An application for a sports betting permit shall include the following\ninformation:\n\n 1. The applicant’s background in sports betting;\n\n 2. The applicant’s experience in wagering activities in other\n jurisdictions, including the applicant’s history and reputation of\n integrity and compliance;\n\n 3. The applicant’s proposed internal controls, including controls to\n ensure that no prohibited or voluntarily excluded person will be able to\n participate in sports betting;\n\n 4. The applicant’s history of working to prevent compulsive gambling,\n including training programs for its employees;\n\n 5. If applicable, any supporting documentation necessary to establish\n eligibility for substantial and preferred consideration pursuant to the\n provisions of this section;\n\n 6. The applicant’s proposed procedures to detect and report suspicious\n or illegal betting activity; and\n\n 7. Any other information the Director deems necessary.\n\nC. The Department shall conduct a background investigation on the applicant. The\nbackground investigation shall include a credit history check, a tax record\ncheck, and a criminal history records check.\n\nD. 1. The Director shall not issue any permit pursuant to this article until the\nBoard has established a consumer protection program and published a consumer\nprotection bill of rights pursuant to the provisions of subdivision A 14 of \u00a7\n58.1-4007.\n\n 2. The Director shall issue no fewer than four and no more than 12 permits\n pursuant to this section; however, if an insufficient number of applicants\n apply for the Director to satisfy the minimum, this provision shall not be\n interpreted to direct the Director to issue a permit to an unqualified\n applicant. A permit shall not count toward the minimum or maximum if it (i) is\n issued pursuant to subdivision 4 or 5 to a major league sports franchise or to\n the operator of a facility; (ii) is issued pursuant to subdivision 6 to an\n applicant that operates or intends to operate a casino gaming establishment;\n or (iii) is revoked, expires, or otherwise becomes not effective.\n\n 3. In issuing permits to operate sports betting platforms and sports betting\n facilities, the Director shall consider the following factors:\n \t\t\t\ta. The contents of the applicant’s application as required by\n subsection B;\n \t\t\t\tb. The extent to which the applicant demonstrates past experience,\n financial viability, compliance with applicable laws and regulations, and\n success with sports betting operations in other states;\n \t\t\t\tc. The extent to which the applicant will be able to meet the duties of a\n permit holder, as specified in § 58.1-4034;\n \t\t\t\td. Whether the applicant has demonstrated to the Department that it has\n made serious, good-faith efforts to solicit and interview a reasonable number\n of investors that are minority individuals, as defined in § 2.2-1604;\n \t\t\t\te. The amount of adjusted gross revenue and associated tax revenue that an\n applicant is expected to generate;\n \t\t\t\tf. The effect of issuing an additional permit on the amount of gross\n revenue and associated tax revenue generated by all existing permit holders,\n considered in the aggregate; and\n \t\t\t\tg. Any other factor the Director considers relevant.\n\n 4. In issuing permits to operate sports betting platforms prior to July 1,\n 2025, the Director shall give substantial and preferred consideration to any\n applicant that is a major league sports franchise headquartered in the\n Commonwealth that remitted personal state income tax withholdings based on\n taxable wages in the Commonwealth in excess of $200 million for the 2019\n taxable year. Any permit holder granted a permit pursuant to this subdivision\n shall receive substantial and preferred consideration of its first, second,\n and third applications for renewal pursuant to the provisions of §\n 58.1-4033; however, such permit holder shall not receive substantial and\n preferred consideration of its fourth and subsequent applications for renewal.\n Any permit granted pursuant to this subdivision shall expire if the permit\n holder ceases to maintain its headquarters in the Commonwealth.\n\n 5. In issuing permits to operate sports betting platforms prior to July 1,\n 2025, the Director shall give substantial and preferred consideration to any\n applicant that is a major league sports franchise that plays five or more\n regular season games per year at a facility in the Commonwealth or that is the\n operator of a facility in the Commonwealth where a major league sports\n franchise plays five or more regular season games per year; however, the\n Director shall give such substantial and preferred consideration only if the\n applicant (i) is headquartered in the Commonwealth, (ii) has an annualized\n payroll for taxable wages in the Commonwealth that is in excess of $10 million\n over the 90-day period prior to the application date, and (iii) the total\n number of individuals working at the facility in the Commonwealth where the\n major league sports franchise plays five or more regular season games is in\n excess of 100.\n\n 6. If casino gaming is authorized under the laws of the Commonwealth, then in\n issuing permits to operate sports betting platforms and sports betting\n facilities, the Director shall give substantial and preferred consideration to\n any applicant that (i) has made or intends to make a capital investment of at\n least $300 million in a casino gaming establishment, including the value of\n the real property upon which such establishment is located and all\n furnishings, fixtures, and other improvements; (ii) has had its name submitted\n as a preferred casino gaming operator to the Department by an eligible host\n city; and (iii) has been certified by the Department to proceed to a local\n referendum on whether casino gaming will be allowed in the locality in which\n the applicant intends to operate a casino gaming establishment.\n\n 7. In issuing permits to operate sports betting platforms prior to July 1,\n 2025, the Director shall give substantial and preferred consideration to any\n applicant that demonstrates in its application (i) a description of any equity\n interest owned by minority individuals or minority-owned businesses, (ii) a\n detailed plan to achieve increased minority equity investment, (iii) a\n description of all efforts made to seek equity investment from minority\n individuals or minority-owned businesses, or (iv) a plan detailing efforts\n made to solicit participation of minority individuals or minority-owned\n businesses in the applicant’s purchase of goods and services related to\n the sports betting platform or to provide assistance to a historically\n disadvantaged community or historically black colleges and universities\n located within the Commonwealth. As used in this subdivision,\n “historically black colleges and universities,” “minority\n individual,” and “minority-owned business” mean the same as\n those terms are defined in § 2.2-1604.\n\n 8. In a manner as may be required by Board regulation, any entity that applies\n pursuant to subdivision 4, 5, 6, or 7 may demonstrate compliance with the\n requirements of an application, the duties of a permit holder, and any other\n provision of this article through the use of a partner, subcontractor, or\n other affiliate of the applicant.\n\nE. The Director shall make a determination on an initial application for a\nsports betting permit within 90 days of receipt. The Director’s action\nshall be final unless appealed in accordance with § 58.1-4007.\n\nF. The following shall be grounds for denial of a permit or renewal of a permit:\n\n 1. The Director reasonably believes the applicant will be unable to satisfy\n the duties of a permit holder as described in subsection A of §\n 58.1-4034;\n\n 2. The Director reasonably believes that the applicant or its directors lack\n good character, honesty, or integrity;\n\n 3. The Director reasonably believes that the applicant’s prior\n activities, criminal record, reputation, or associations are likely to (i)\n pose a threat to the public interest, (ii) impede the regulation of sports\n betting, or (iii) promote unfair or illegal activities in the conduct of\n sports betting;\n\n 4. The applicant or its directors knowingly make a false statement of material\n fact or deliberately fail to disclose information requested by the Director;\n\n 5. The applicant or its directors knowingly fail to comply with the provisions\n of this article or any requirements of the Director;\n\n 6. The applicant or its directors were convicted of a felony, a crime of moral\n turpitude, or any criminal offense involving dishonesty or breach of trust\n within the 10 years prior to the submission date of the permit application;\n\n 7. The applicant’s license, registration, or permit to conduct a sports\n betting operation issued by any other jurisdiction has been suspended or\n revoked;\n\n 8. The applicant defaults in payment of any obligation or debt due to the\n Commonwealth; or\n\n 9. The applicant’s application is incomplete.\n\nG. The Director shall have the discretion to waive any of the grounds for denial\nof a permit or renewal of a permit if he determines that denial would limit the\nnumber of applicants or permit holders in a manner contrary to the best\ninterests of the Commonwealth.\n\nH. Prior to issuance of a permit, each permit holder shall either (i) be bonded\nby a surety company entitled to do business in the Commonwealth in such amount\nand penalty as may be prescribed by the regulations of the Board or (ii) provide\nother surety, letter of credit, or reserve as may be satisfactory to the\nDirector. Such surety shall be prescribed by Board regulations and shall not\nexceed a reasonable amount.\n\nI. Any person who knowingly and willfully falsifies, conceals, or misrepresents\na material fact or knowingly and willfully makes a false, fictitious, or\nfraudulent statement or representation in any application pursuant to this\narticle is guilty of a Class 1 misdemeanor.\n\nJ. In addition to the fee required pursuant to subdivision A 2, any applicant to\nwhich the Department issues a permit shall pay a nonrefundable fee of $250,000\nto the Department prior to the issuance of such permit. Such fees shall be\ndeposited by the Department into the Gaming Regulatory Fund established pursuant\nto § 58.1-4048.\n\nHISTORY: 2020, cc. 1218, 1256; 2021, Sp. Sess. I, cc. 351, 352; 2023, cc. 586,\n587.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}