According to West Virginia statute 61-10-5 - Betting on games of chance; furnishing money or thing of value, therefore; penalty:
“If any person at any place, public or private, bet or wager money or other thing of value on any game of chance, or shall knowingly furnish any money or other thing of value to any other person to bet or wager on any such game, he shall be guilty of a misdemeanor, and, upon conviction, shall be fined not less than five nor more than three hundred dollars, and shall, if required by the court, give security for his good behavior for one year, and in default of the payment of such fine and the costs and the executio

of such bond, if such bond be required, shall be imprisoned in the county jail not less than ten nor more than thirty days.”
As with most states within the US, the law comes down harder on individuals attempting to profit from gambling and turn it into an illicit business than those who just enjoy the occasional wager.

Being busted for having illegal gambling machines or offering gambling in an unlicensed establishment will earn you hefty fines or jail time.

The law also specifies that if you act as a doorkeeper for illegal gambling operations, you too could find yourself in jail - statute 61-10-3.

Placing bets on games of skill can find the bookmaker on the wrong side of the law as this is also illegal within the State of West Virginia - statute 61-10-10 with similar fines and jail time if prosecuted.

On the surface, West Virginia seems very liberal when it comes to playing games of chance however, the laws indicate a very conservative approach.

Home poker games are considered to be illegal too and the organizer and players can find themselves on the wrong side of the law with fines or jail time, even if the organizer doesn’t profit from the game.

Even charitable gambling is carefully controlled, and non-profit organizations need to heed detailed requirements like the submission of the annual license application at least 60 days before their first event.

Once the license has been issued, the non-profit organization then needs to submit quarterly reports for occasional licenses, or annual financial reports for longer-term licenses within 30 days of license expiration disclosing how much was raised and proof of how much was transferred to the organization that the fund-raising was held on behalf of.

In West Virginia, the two main gambling licenses applied for are to offer virtual lottery terminals within their businesses, or a license to offer charity gambling for non-profit fundraising.

Your application to offer virtual lottery terminals within your business is managed by the West Virginia Lottery and essentially invites inspection of your business by a West Virginia Lottery Licensing Specialist.

Your license will only be granted if your establishment is not within 150 feet of another business that has a virtual lottery terminal on site, and if your business is located within 300 feet, in a straight line, of a public park, school or church.

Also, the application process will require disclosure of personal, financial and business history on a federal level and this, together with fingerprints and a non-refundable $500 application fee will get the process started.

Charitable gambling is legal in the State of Virginia for fundraising for nonprofit and public service organizations. Charities are allowed to spread raffles and host bingo as long as they are not offered more than any other day, except on weekends, to raise funds for public causes like schools, nature conservation and the like.

Before approval, expect to have your business scrutinized so it is best to have all your affairs in order.

As with any license application, skeletons in your personal or business closest will be visited and questioned. Essentially, if you have any criminal history or you’ve made any poor financial choices in the past, this will not be looked on favourably, especially if you don’t disclose it ahead of time.

If your organization wants to sell or distribute games or raffles within the State of West Virginia, you will be required to make an application to the Tax Commissioner. Once approved, your organization will be required to pay a 20% tax on all sales of games within the state.

Given the harsh penalties associated with illegal gambling and being caught running an illicit gambling business, it is best to apply for the necessary licenses and ensure that you are on the right side of the law at all times.