Does this VOTA restaurant ‘disturb the peace?’ Bradenton officials weigh in
A neighborhood dispute over live music at a restaurant in Bradenton’s arts district became a debate about the essence of the district.
On Jan. 28, the Bradenton City Council considered a Village of the Arts resident’s appeal to stop live music at Cottonmouth Southern Soul Food. After hearing testimony from neighbors, business owners and music supporters, the city council unanimously sided with Cottonmouth.
In November, after the city’s Planning Commission voted 4-2 in favor of Cottonmouth’s appeal that live music was allowed, a neighbor disputed the decision.
Some neighbors said the live music was a disruption to everyday life. But supporters said music is an art form on which the VOTA was founded, and losing it would harm the district. David Shiplett, the restaurant’s owner, said, without live music, the restaurant would be in jeopardy of closing.
For city council members, the issue had a deeper meaning, saying the city needs spaces like VOTA to continue growing.
“It’s about how we coexist. I do believe that music is vital to the Village of the Arts, as are other creative activities,” City Councilman Kemp Schuessler said. “It’s also vital to the future of Bradenton that we have things for our residents.”
Neighbors argue against live music in arts neighborhood
Last August, Bradenton’s Planning and Community Development Director Robin Singer determined that live music at Cottonmouth had evolved into an “outdoor amusement or outdoor auditorium.” Cottonmouth ownership appealed that determination.
Then, in November, the city’s Planning Commission decided that live music was allowed as a permissible use as “an accessory to the restaurant,” as long as Cottonmouth did not charge an extra fee for the live music.
Carrie Price, who lives next to Cottonmouth, appealed the decision, which brought the issue before the city council. Price said live music at the neighboring restaurant disrupted her family life.
“When outdoor live music started next door, our daily life changed in very real ways,” Price said. “During performances, the music is loud enough that we can hear it clearly inside our home and at our dinner table, even with the windows closed. Our bedroom windows face the performance area, disrupting homework, family time and sleep.”
Laura Lawson, Price’s attorney, also claimed that Cottonmouth presents itself as an entertainment venue by posting about live music on social media, rather than having live music as “background” music for the restaurant.
Another point in Price’s argument was location. Lawson said live music is allowed in VOTA where the zoning is less strict , like Motorworks Brewing. However, Cottonmouth is in the more restricted zoning of VOTA.
“This is not about opposing music or the arts. It’s about location and intensity,” Price said.
A few other business owners and VOTA residents agreed with Price, like resident and gallery owner Zoe Von Averkamp.
“Mr. Shiplett continues to disturb the peace with live outdoor music, and we continue to suffer,” Von Averkamp said.
Restaurant supporters say music is crucial to VOTA
Shiplett, a Bradenton resident and owner of Cottonmouth, said the opportunity of live music is what drew him to open his business . Cottonmouth, located at 1114 12th St. W., Bradenton, opened in 2020.
“Cottonmouth has always been food-forward and community-rooted,” Shiplett said. “We are not an amphitheater, a festival ground. We are a neighborhood restaurant that also has music.”
He claims he’s been doing live music since he opened, and said there haven’t been complaints until recently when it became a “personal conflict.”
According to Shiplett, Cottonmouth has live music for about six to eight hours per week out of the 50 hours the restaurant is open. He says live music is done by 8 p.m. on weekdays, and 8:30 p.m. to 9 p.m. on weekends.
Shiplett said he’s tried to change his business model and accommodate any issues neighbors have brought up, but would struggle without live music.
“If this goes through and stops the music, Cottonmouth will not be able to survive,” Shiplett said.
Many music fans and Cottonmouth supporters showed up to testify on behalf of Cottonmouth, saying Shiplett draws in top talent and calling the restaurant a gem of the community.
Annie Russini, the founding director of the Arts Guild of Manatee, also showed up to speak in support of Shiplett. She emphasized the importance of keeping that art of live music in Bradenton’s arts district.
“If music should die in the Village of the Arts, the village itself will begin a death spiral. We will lose our anchor businesses,” Russini said.
Council votes in favor of keeping music
After hearing testimony and public comment from all sides, the city council weighed in. Many council members shared the same sentiment of wanting to allow the village to grow away from what it used to be — an area of slum and blight.
They also spoke about VOTA’s core, which is to “live, work and play” in an arts-focused district.
“You don’t go to an overlay district because you want compatibility,” Councilwoman Jayne Kocher said. “I find a lot of distress in us developing a policy that’s just based on one little situation and a neighbor dispute.”
Councilwoman Marianne Barnebey is familiar with the ups and downs of the village since the 1980s, and agreed that finding a balance between working and living in the district is key. She said it’s not designed to be a “standard residential neighborhood.”
She also spoke about the importance of attracting more young people to Bradenton, and saw live music venues like Cottonmouth as a way to do that.
“I would hate for us to do anything that is going to damper, impede or stop this unique area of our city,” Barnebey said.
The council voted unanimously to reject Price’s appeal, allowing Cottonmouth to continue hosting live music .
