{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/58.1-4107.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/58.1-4107.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/58.1-4107.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/58.1-4107.html"}],"law_id":65707,"edition_id":1,"section_id":65707,"structure_id":16256,"section_number":"58.1-4107","catch_line":"Eligible host city; certification of preferred casino gaming operator","history":"2020, cc. 1197, 1248; 2024, cc. 318, 359, 798.","full_text":"A\n\nThe conduct of casino gaming shall be limited to the following eligible host cities:1\n\nAny city (i) in which at least 40 percent of the assessed value of all real estate in such city is exempt from local property taxation, according to the Virginia Department of Taxation Annual Report for Fiscal Year 2018, and (ii) that experienced a population decrease of at least seven percent from 1990 to 2016, according to data provided by the U.S. Census Bureau;2\n\nAny city that had (i) an annual unemployment rate of at least five percent in 2018, according to data provided by the U.S. Bureau of Labor Statistics; (ii) an annual poverty rate of at least 20 percent in 2017, according to data provided by the U.S. Census Bureau; and (iii) a population decrease of at least 20 percent from 1990 to 2016, according to data provided by the U.S. Census Bureau;3\n\nAny city that (i) had an annual unemployment rate of at least 3.6 percent in 2018, according to data provided by the U.S. Bureau of Labor Statistics; (ii) had an annual poverty rate of at least 20 percent in 2017, according to data provided by the U.S. Census Bureau; (iii) experienced a population decrease of at least four percent from 1990 to 2016, according to data provided by the U.S. Census Bureau; and (iv) is located adjacent to a state that has adopted a Border Region Retail Tourism Development District Act;4\n\nAny city (i) with a population greater than 200,000 according to the 2018 population estimates from the Weldon Cooper Center for Public Service of the University of Virginia; (ii) in which at least 24 percent of the assessed value of all real estate in such city is exempt from local property taxation, according to the Virginia Department of Taxation Annual Report for Fiscal Year 2018; and (iii) that experienced a population decrease of at least five percent from 1990 to 2016, according to data provided by the U.S. Census Bureau; and5\n\nAny city (i) in which at least 17 percent of the assessed value of all real estate in such city is exempt from local property taxation, according to the Virginia Department of Taxation Annual Report for Fiscal Year 2016; (ii) that had a poverty rate of at least 21 percent in 2019, according to data provided by the U.S. Census Bureau; and (iii) that had an annual unemployment rate of at least 13 percent in 2020, according to data provided by the U.S. Bureau of Labor and Statistics.B\n\nIn selecting a preferred casino gaming operator, an eligible host city shall have considered and given substantial weight to factors such as:1\n\nThe potential benefit and prospective revenues of the proposed casino gaming establishment.2\n\nThe total value of the proposed casino gaming establishment.3\n\nThe proposed capital investment and the financial health of the proposer and any proposed development partners.4\n\nThe experience of the proposer and any development partners in the operation of a casino gaming establishment.5\n\nSecurity plans for the proposed casino gaming establishment.6\n\nThe economic development value of the proposed casino gaming establishment and the potential for community reinvestment and redevelopment in an area in need of such.7\n\nAvailability of city-owned assets and privately owned assets, such as real property, including where there is only one location practicably available or land under a development agreement between a potential operator and the city, incorporated in the proposal.8\n\nThe best financial interest of the city.9\n\nThe proposer’s status as a minority-owned business as defined in § 2.2-1604 or the proposer’s commitment to solicit equity investment in the proposed casino gaming establishment from one or more minority-owned businesses and the proposer’s commitment to solicit contracts with minority-owned businesses for the purchase of goods and services.C\n\nThe Department shall, upon request of any eligible host city, provide a list of resources that may be of assistance in evaluating the technical merits of any proposal submitted pursuant to this section, provided that selection of the preferred casino gaming operator shall be at the city’s sole discretion.D\n\nThe eligible host city described in subdivision A 4 shall provide substantial and preferred consideration to a proposer who is a Virginia Indian tribe recognized in House Joint Resolution No. 54 (1983) and acknowledged by the Assistant Secretary-Indian Affairs for the U.S. Department of the Interior as an Indian tribe within the meaning of federal law that has the authority to conduct gaming activities as a matter of claimed inherent authority or under the authority of the Indian Gaming Regulatory Act (25 U.S.C. § 2701 et seq.).E\n\nAn eligible host city shall promptly submit its preferred casino gaming operator to the Department for review prior to scheduling the referendum required by § 58.1-4123. An eligible host city shall include with the submission any written or electronic documentation considered as part of the criteria in subsection B, including any memorandums of understanding, incentives, development agreements, land purchase agreements, or local infrastructure agreements. The Department shall conduct a preliminary review of the financial status and ability of the preferred casino gaming operator to operate and properly support ongoing operations in an eligible host city, as well as current casino operations in other states and territories. The Department shall conduct such review within 45 days of receipt of the submission by the eligible host city. An eligible host city and preferred casino gaming operator shall fully cooperate with all necessary requests by the Department in that regard. Upon successful preliminary review, the Department shall certify approval for the eligible host city to proceed to the referendum required by § 58.1-4123. The Department shall develop guidelines establishing procedures and criteria for conducting the preliminary review required by this subsection. Certification by the Department to proceed to referendum shall in no way entitle the preferred casino gaming operator to approval of any application to operate a casino gaming establishment.","order_by":null,"text":{"0":{"id":238845,"text":"The conduct of casino gaming shall be limited to the following eligible host cities:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":238846,"text":"Any city (i) in which at least 40 percent of the assessed value of all real estate in such city is exempt from local property taxation, according to the Virginia Department of Taxation Annual Report for Fiscal Year 2018, and (ii) that experienced a population decrease of at least seven percent from 1990 to 2016, according to data provided by the U.S. Census Bureau;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":238847,"text":"Any city that had (i) an annual unemployment rate of at least five percent in 2018, according to data provided by the U.S. Bureau of Labor Statistics; (ii) an annual poverty rate of at least 20 percent in 2017, according to data provided by the U.S. Census Bureau; and (iii) a population decrease of at least 20 percent from 1990 to 2016, according to data provided by the U.S. Census Bureau;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":238848,"text":"Any city that (i) had an annual unemployment rate of at least 3.6 percent in 2018, according to data provided by the U.S. Bureau of Labor Statistics; (ii) had an annual poverty rate of at least 20 percent in 2017, according to data provided by the U.S. Census Bureau; (iii) experienced a population decrease of at least four percent from 1990 to 2016, according to data provided by the U.S. Census Bureau; and (iv) is located adjacent to a state that has adopted a Border Region Retail Tourism Development District Act;","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":238849,"text":"Any city (i) with a population greater than 200,000 according to the 2018 population estimates from the Weldon Cooper Center for Public Service of the University of Virginia; (ii) in which at least 24 percent of the assessed value of all real estate in such city is exempt from local property taxation, according to the Virginia Department of Taxation Annual Report for Fiscal Year 2018; and (iii) that experienced a population decrease of at least five percent from 1990 to 2016, according to data provided by the U.S. Census Bureau; and","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":238850,"text":"Any city (i) in which at least 17 percent of the assessed value of all real estate in such city is exempt from local property taxation, according to the Virginia Department of Taxation Annual Report for Fiscal Year 2016; (ii) that had a poverty rate of at least 21 percent in 2019, according to data provided by the U.S. Census Bureau; and (iii) that had an annual unemployment rate of at least 13 percent in 2020, according to data provided by the U.S. Bureau of Labor and Statistics.","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"B"},"6":{"id":238851,"text":"In selecting a preferred casino gaming operator, an eligible host city shall have considered and given substantial weight to factors such as:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A5","next_prefix":"B1"},"7":{"id":238852,"text":"The potential benefit and prospective revenues of the proposed casino gaming establishment.","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"8":{"id":238853,"text":"The total value of the proposed casino gaming establishment.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"9":{"id":238854,"text":"The proposed capital investment and the financial health of the proposer and any proposed development partners.","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"10":{"id":238855,"text":"The experience of the proposer and any development partners in the operation of a casino gaming establishment.","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"11":{"id":238856,"text":"Security plans for the proposed casino gaming establishment.","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"B6"},"12":{"id":238857,"text":"The economic development value of the proposed casino gaming establishment and the potential for community reinvestment and redevelopment in an area in need of such.","type":"section","prefixes":["B","6"],"prefix":"6","entire_prefix":"B6","prefix_anchor":"B6","level":2,"prior_prefix":"B5","next_prefix":"B7"},"13":{"id":238858,"text":"Availability of city-owned assets and privately owned assets, such as real property, including where there is only one location practicably available or land under a development agreement between a potential operator and the city, incorporated in the proposal.","type":"section","prefixes":["B","7"],"prefix":"7","entire_prefix":"B7","prefix_anchor":"B7","level":2,"prior_prefix":"B6","next_prefix":"B8"},"14":{"id":238859,"text":"The best financial interest of the city.","type":"section","prefixes":["B","8"],"prefix":"8","entire_prefix":"B8","prefix_anchor":"B8","level":2,"prior_prefix":"B7","next_prefix":"B9"},"15":{"id":238860,"text":"The proposer’s status as a minority-owned business as defined in § 2.2-1604 or the proposer’s commitment to solicit equity investment in the proposed casino gaming establishment from one or more minority-owned businesses and the proposer’s commitment to solicit contracts with minority-owned businesses for the purchase of goods and services.","type":"section","prefixes":["B","9"],"prefix":"9","entire_prefix":"B9","prefix_anchor":"B9","level":2,"prior_prefix":"B8","next_prefix":"C"},"16":{"id":238861,"text":"The Department shall, upon request of any eligible host city, provide a list of resources that may be of assistance in evaluating the technical merits of any proposal submitted pursuant to this section, provided that selection of the preferred casino gaming operator shall be at the city’s sole discretion.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B9","next_prefix":"D"},"17":{"id":238862,"text":"The eligible host city described in subdivision A 4 shall provide substantial and preferred consideration to a proposer who is a Virginia Indian tribe recognized in House Joint Resolution No. 54 (1983) and acknowledged by the Assistant Secretary-Indian Affairs for the U.S. Department of the Interior as an Indian tribe within the meaning of federal law that has the authority to conduct gaming activities as a matter of claimed inherent authority or under the authority of the Indian Gaming Regulatory Act (25 U.S.C. § 2701 et seq.).","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"18":{"id":238863,"text":"An eligible host city shall promptly submit its preferred casino gaming operator to the Department for review prior to scheduling the referendum required by § 58.1-4123. An eligible host city shall include with the submission any written or electronic documentation considered as part of the criteria in subsection B, including any memorandums of understanding, incentives, development agreements, land purchase agreements, or local infrastructure agreements. The Department shall conduct a preliminary review of the financial status and ability of the preferred casino gaming operator to operate and properly support ongoing operations in an eligible host city, as well as current casino operations in other states and territories. The Department shall conduct such review within 45 days of receipt of the submission by the eligible host city. An eligible host city and preferred casino gaming operator shall fully cooperate with all necessary requests by the Department in that regard. Upon successful preliminary review, the Department shall certify approval for the eligible host city to proceed to the referendum required by § 58.1-4123. The Department shall develop guidelines establishing procedures and criteria for conducting the preliminary review required by this subsection. Certification by the Department to proceed to referendum shall in no way entitle the preferred casino gaming operator to approval of any application to operate a casino gaming establishment.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":16256,"edition_id":1,"name":"Eligible Host City; Certification of Preferred Casino Gaming Operator","identifier":"2","label":"article","depth":4,"order_by":1,"parent_id":13502,"metadata":{},"date_created":"2026-06-26 04:11:21","date_modified":"2026-06-26 04:11:21","permalink":{"id":259421,"object_type":"structure","relational_id":16256,"identifier":"2","token":"58.1\/IV\/41\/2","url":"\/58.1\/IV\/41\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13502,"edition_id":1,"name":"Casino Gaming","identifier":"41","label":"chapter","depth":3,"order_by":1,"parent_id":13501,"metadata":{},"date_created":"2026-06-26 03:45:05","date_modified":"2026-06-26 03:45:05","permalink":{"id":259321,"object_type":"structure","relational_id":13502,"identifier":"41","token":"58.1\/IV\/41","url":"\/58.1\/IV\/41\/","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":65707,"structure_id":16256,"section_number":"58.1-4107","catch_line":"Eligible host city; certification of preferred casino gaming operator","url":"\/58.1-4107\/","token":"58.1\/IV\/41\/2\/58.1-4107","metadata":false},{"id":72576,"structure_id":16256,"section_number":"58.1-4107.1","catch_line":"Regional Improvement Commission","url":"\/58.1-4107.1\/","token":"58.1\/IV\/41\/2\/58.1-4107.1","metadata":false}],"next_section":{"id":72576,"structure_id":16256,"section_number":"58.1-4107.1","catch_line":"Regional Improvement Commission","url":"\/58.1-4107.1\/","token":"58.1\/IV\/41\/2\/58.1-4107.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/58.1-4107\/","history_text":"

This law was first created in 2020. The record of its establishment is cataloged in chapters 1197<\/a> and 1248<\/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 2024, chapters 318<\/a>, 359<\/a>, and 798<\/a>.<\/p>","references":[{"id":65703,"section_number":"58.1-4100","catch_line":"Definitions","order_by":null,"url":"\/58.1-4100\/"},{"id":79589,"section_number":"58.1-4101","catch_line":"Regulation and control of casino gaming; limitation","order_by":null,"url":"\/58.1-4101\/"},{"id":72576,"section_number":"58.1-4107.1","catch_line":"Regional Improvement Commission","order_by":null,"url":"\/58.1-4107.1\/"},{"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":55413,"section_number":"58.1-4123","catch_line":"Local referendum required","order_by":null,"url":"\/58.1-4123\/"}],"permalink":{"id":259423,"object_type":"law","relational_id":65707,"identifier":"58.1-4107","token":"58.1\/IV\/41\/2\/58.1-4107","url":"\/58.1-4107\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/58.1-4107\/","token":"58.1\/IV\/41\/2\/58.1-4107","dublin_core":{"Title":"Eligible host city; certification of preferred casino gaming operator","Type":"Text","Format":"text\/html","Identifier":"\u00a7 58.1-4107","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The conduct of casino gaming<\/span> shall be limited to the following eligible host cities: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Any city (i) in which at least 40 percent of the assessed value of all real estate in such city is exempt from local property taxation, according to the Virginia Department<\/span> of Taxation Annual Report for Fiscal Year 2018, and (ii) that experienced a population decrease of at least seven percent from 1990 to 2016, according to data provided by the U.S. Census Bureau; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Any city that had (i) an annual unemployment rate of at least five percent in 2018, according to data provided by the U.S. Bureau of Labor Statistics; (ii) an annual poverty rate of at least 20 percent in 2017, according to data provided by the U.S. Census Bureau; and (iii) a population decrease of at least 20 percent from 1990 to 2016, according to data provided by the U.S. Census Bureau; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Any city that (i) had an annual unemployment rate of at least 3.6 percent in 2018, according to data provided by the U.S. Bureau of Labor Statistics; (ii) had an annual poverty rate of at least 20 percent in 2017, according to data provided by the U.S. Census Bureau; (iii) experienced a population decrease of at least four percent from 1990 to 2016, according to data provided by the U.S. Census Bureau; and (iv) is located adjacent to a state that has adopted a Border Region Retail Tourism Development District Act; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Any city (i) with a population greater than 200,000 according to the 2018 population estimates from the Weldon Cooper Center for Public Service of the University of Virginia; (ii) in which at least 24 percent of the assessed value of all real estate in such city is exempt from local property taxation, according to the Virginia Department<\/span> of Taxation Annual Report for Fiscal Year 2018; and (iii) that experienced a population decrease of at least five percent from 1990 to 2016, according to data provided by the U.S. Census Bureau; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Any city (i) in which at least 17 percent of the assessed value of all real estate in such city is exempt from local property taxation, according to the Virginia Department<\/span> of Taxation Annual Report for Fiscal Year 2016; (ii) that had a poverty rate of at least 21 percent in 2019, according to data provided by the U.S. Census Bureau; and (iii) that had an annual unemployment rate of at least 13 percent in 2020, according to data provided by the U.S. Bureau of Labor and Statistics. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> In selecting a preferred casino gaming operator<\/span><\/span>, an eligible host city<\/span> shall have considered and given substantial weight to factors such as: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The potential benefit and prospective revenues of the proposed casino gaming establishment<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The total value of the proposed casino gaming establishment<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The proposed capital investment and the financial health of the proposer and any proposed development partners. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The experience of the proposer and any development partners in the operation of a casino gaming establishment<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Security<\/span> plans for the proposed casino gaming establishment<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> The economic development value of the proposed casino gaming establishment<\/span> and the potential for community reinvestment and redevelopment in an area in need of such. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Availability of city-owned assets<\/span> and privately owned assets<\/span>, such as real property, including where there is only one location practicably available or land under a development agreement between a potential operator and the city, incorporated in the proposal. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> The best financial interest of the city. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> The proposer’s status as a minority-owned business as defined in § 2.2-1604<\/a> or the proposer’s commitment to solicit equity<\/span> investment in the proposed casino gaming establishment<\/span> from one or more minority-owned businesses and the proposer’s commitment to solicit contracts<\/span> with minority-owned businesses for the purchase of goods and services. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The Department<\/span> shall, upon request of any eligible host city<\/span>, provide a list of resources that may be of assistance in evaluating the technical merits of any proposal submitted pursuant to this section, provided that selection of the preferred casino gaming operator<\/span><\/span> shall be at the city’s sole discretion. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The eligible host city<\/span> described in subdivision A 4 shall provide substantial and preferred consideration to a proposer who is a Virginia Indian tribe recognized in House Joint Resolution No. 54 (1983) and acknowledged by the Assistant Secretary-Indian Affairs for the U.S. Department<\/span> of the Interior as an Indian tribe within the meaning of federal law<\/span> that has the authority to conduct gaming activities as a matter of claimed inherent authority or under the authority of the Indian Gaming Regulatory Act (25 U.S.C. § 2701 et seq.). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> An eligible host city<\/span> shall promptly submit its preferred casino gaming operator<\/span><\/span> to the Department<\/span> for review prior to scheduling the referendum<\/span> required by § 58.1-4123<\/a>. An eligible host city<\/span> shall include with the submission any written or electronic documentation considered as part of the criteria in subsection B, including any memorandums<\/span> of understanding, incentives, development agreements, land purchase agreements, or local infrastructure agreements. The Department<\/span> shall conduct a preliminary review of the financial status and ability of the preferred casino gaming operator<\/span><\/span> to operate and properly support ongoing operations in an eligible host city<\/span>, as well as current casino operations in other states and territories. The Department<\/span> shall conduct such review within 45 days of receipt of the submission by the eligible host city<\/span>. An eligible host city<\/span> and preferred casino gaming operator<\/span><\/span> shall fully cooperate with all necessary requests by the Department<\/span> in that regard. Upon successful preliminary review, the Department<\/span> shall certify approval for the eligible host city<\/span> to proceed to the referendum<\/span> required by § 58.1-4123<\/a>. The Department<\/span> shall develop guidelines establishing procedures and criteria for conducting the preliminary review required by this subsection. Certification by the Department<\/span> to proceed to referendum<\/span> shall in no way entitle the preferred casino gaming operator<\/span><\/span> to approval of any application to operate a casino gaming establishment<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nELIGIBLE HOST CITY; CERTIFICATION OF PREFERRED CASINO GAMING OPERATOR (\u00a7\n58.1-4107)\n\nA. The conduct of casino gaming shall be limited to the following eligible host\ncities:\n\n 1. Any city (i) in which at least 40 percent of the assessed value of all real\n estate in such city is exempt from local property taxation, according to the\n Virginia Department of Taxation Annual Report for Fiscal Year 2018, and (ii)\n that experienced a population decrease of at least seven percent from 1990 to\n 2016, according to data provided by the U.S. Census Bureau;\n\n 2. Any city that had (i) an annual unemployment rate of at least five percent\n in 2018, according to data provided by the U.S. Bureau of Labor Statistics;\n (ii) an annual poverty rate of at least 20 percent in 2017, according to data\n provided by the U.S. Census Bureau; and (iii) a population decrease of at\n least 20 percent from 1990 to 2016, according to data provided by the U.S.\n Census Bureau;\n\n 3. Any city that (i) had an annual unemployment rate of at least 3.6 percent\n in 2018, according to data provided by the U.S. Bureau of Labor Statistics;\n (ii) had an annual poverty rate of at least 20 percent in 2017, according to\n data provided by the U.S. Census Bureau; (iii) experienced a population\n decrease of at least four percent from 1990 to 2016, according to data\n provided by the U.S. Census Bureau; and (iv) is located adjacent to a state\n that has adopted a Border Region Retail Tourism Development District Act;\n\n 4. Any city (i) with a population greater than 200,000 according to the 2018\n population estimates from the Weldon Cooper Center for Public Service of the\n University of Virginia; (ii) in which at least 24 percent of the assessed\n value of all real estate in such city is exempt from local property taxation,\n according to the Virginia Department of Taxation Annual Report for Fiscal Year\n 2018; and (iii) that experienced a population decrease of at least five\n percent from 1990 to 2016, according to data provided by the U.S. Census\n Bureau; and\n\n 5. Any city (i) in which at least 17 percent of the assessed value of all real\n estate in such city is exempt from local property taxation, according to the\n Virginia Department of Taxation Annual Report for Fiscal Year 2016; (ii) that\n had a poverty rate of at least 21 percent in 2019, according to data provided\n by the U.S. Census Bureau; and (iii) that had an annual unemployment rate of\n at least 13 percent in 2020, according to data provided by the U.S. Bureau of\n Labor and Statistics.\n\nB. In selecting a preferred casino gaming operator, an eligible host city shall\nhave considered and given substantial weight to factors such as:\n\n 1. The potential benefit and prospective revenues of the proposed casino\n gaming establishment.\n\n 2. The total value of the proposed casino gaming establishment.\n\n 3. The proposed capital investment and the financial health of the proposer\n and any proposed development partners.\n\n 4. The experience of the proposer and any development partners in the\n operation of a casino gaming establishment.\n\n 5. Security plans for the proposed casino gaming establishment.\n\n 6. The economic development value of the proposed casino gaming establishment\n and the potential for community reinvestment and redevelopment in an area in\n need of such.\n\n 7. Availability of city-owned assets and privately owned assets, such as real\n property, including where there is only one location practicably available or\n land under a development agreement between a potential operator and the city,\n incorporated in the proposal.\n\n 8. The best financial interest of the city.\n\n 9. The proposer’s status as a minority-owned business as defined in\n § 2.2-1604 or the proposer’s commitment to solicit equity\n investment in the proposed casino gaming establishment from one or more\n minority-owned businesses and the proposer’s commitment to solicit\n contracts with minority-owned businesses for the purchase of goods and\n services.\n\nC. The Department shall, upon request of any eligible host city, provide a list\nof resources that may be of assistance in evaluating the technical merits of any\nproposal submitted pursuant to this section, provided that selection of the\npreferred casino gaming operator shall be at the city’s sole discretion.\n\nD. The eligible host city described in subdivision A 4 shall provide substantial\nand preferred consideration to a proposer who is a Virginia Indian tribe\nrecognized in House Joint Resolution No. 54 (1983) and acknowledged by the\nAssistant Secretary-Indian Affairs for the U.S. Department of the Interior as an\nIndian tribe within the meaning of federal law that has the authority to conduct\ngaming activities as a matter of claimed inherent authority or under the\nauthority of the Indian Gaming Regulatory Act (25 U.S.C. § 2701 et seq.).\n\nE. An eligible host city shall promptly submit its preferred casino gaming\noperator to the Department for review prior to scheduling the referendum\nrequired by § 58.1-4123. An eligible host city shall include with the\nsubmission any written or electronic documentation considered as part of the\ncriteria in subsection B, including any memorandums of understanding,\nincentives, development agreements, land purchase agreements, or local\ninfrastructure agreements. The Department shall conduct a preliminary review of\nthe financial status and ability of the preferred casino gaming operator to\noperate and properly support ongoing operations in an eligible host city, as\nwell as current casino operations in other states and territories. The\nDepartment shall conduct such review within 45 days of receipt of the submission\nby the eligible host city. An eligible host city and preferred casino gaming\noperator shall fully cooperate with all necessary requests by the Department in\nthat regard. Upon successful preliminary review, the Department shall certify\napproval for the eligible host city to proceed to the referendum required by\n§ 58.1-4123. The Department shall develop guidelines establishing\nprocedures and criteria for conducting the preliminary review required by this\nsubsection. Certification by the Department to proceed to referendum shall in no\nway entitle the preferred casino gaming operator to approval of any application\nto operate a casino gaming establishment.\n\nHISTORY: 2020, cc. 1197, 1248; 2024, cc. 318, 359, 798.","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}}