By Shirleen Guerra | The Center Square
(The Center Square) – A bill that would allow a casino in Fairfax County is now before the House of Delegates, reviving a debate that has repeatedly surfaced in Northern Virginia.
Senate Bill 756 would add Fairfax County to Virginia’s list of eligible casino host localities. Like the state’s other casino laws, the measure would require voter approval through a local referendum before an operator could receive a license.
The House committee substitute sets new rules for how a Fairfax referendum would work. Even if countywide voters approve a casino, the referendum would fail unless voters in the magisterial district where the casino would be built also approve it.
The substitute also limits any casino site in Fairfax to a coordinated mixed-use development that is at least 1.5 million square feet, according to the draft language. The bill does not restrict the project to Tysons.
The legislation arrives as Virginia’s casino market has moved beyond proposals and into active operations. Casino gaming is operating in Bristol, Portsmouth and Danville, and temporary facilities are operating in other localities as projects move toward permanent resort construction.
The committee substitute would set a different tax structure for Fairfax than the rates used for other cities. For Fairfax, the substitute would impose a 40% tax on adjusted gross receipts from casino gaming.
The substitute also sets a higher state licensing fee for Fairfax. It would require a $150 million, nonrefundable fee when an operator’s license is issued and again if a license is transferred, with half of that fee directed to Fairfax County and half directed to the state Gaming Regulatory Fund.
The Fairfax debate also intersects with a broader policy push to change how gambling is regulated in Virginia.
House Bill 271, which passed the House, would create a Virginia Gaming Commission and consolidated regulatory responsibilities spread across multiple entities. A fiscal impact statement from the Department of Planning and Budget has warned the transition would require administrative restructuring, staffing changes and startup costs, with some fiscal effects uncertain early in implementation.
Fairfax County leaders have also taken a formal position on casino legislation.
In December, the Fairfax County Board of Supervisors voted to add language to its legislative program opposing any casino bill for the county unless the board requests it, a statewide gaming commission is in place and the revenue split “substantially benefits Fairfax County as opposed to the commonwealth.”
Senate Bill 756 passed the Senate and now awaits House consideration.
