Cottonmouth Southern Soul Kitchen Live Music Dispute

Dear Editor: 

I write to respond to your article “Bradenton City Council to hear appeal over live music in the  VOTA.” Under the Bradenton Form Based Code, a live outdoor music venue, also called an  “outdoor auditorium,” is not allowed at Cottonmouth’s location, which is in the TR-4 (Restricted) portion of the Village of the Arts. Only background music is allowed. This is backed up by a sixteen-page report prepared by Bradenton Planning and Community Development Director Robin Singer. 

This is not background music. Cottonmouth hosts full bands, typically electric blues. While this would be allowable in the exterior TR-4 (Open) portion of the Village, it is not permissible in the interior, primarily residential district where Cottonmouth is located. Cottonmouth is in an area primarily occupied by single-family homes and less intensive, low traffic-generating uses such as art workshops and yoga studios. A restaurant is not allowed by permit but only allowed with special permission from the Planning Director. 

My client and her husband live and operate a yoga studio next door to Cottonmouth, where they have lived for nearly 20 years. Cottonmouth’s loud music has disturbed her family’s  peace and interrupted yoga sessions to the detriment of their business. Other surrounding residents have testified to their distress, that they cannot enjoy their backyards and have to keep their windows closed. In addition to the ongoing noise, my client and surrounding residents have had to endure the controversy and the ire of music fans. This would never have happened if Mr. Shiplett had simply located his venue in an appropriate zoning district. 

Mr. Shiplett has been aware of a legal issue since at least June 2025, when he was cited by police for operating an unpermitted outdoor music venue. The police have been called out dozens of times since then and have found noise violations. Cottonmouth was also cited by  Code Enforcement for capacity and other violations. However, because of his appeal, Mr.  Shiplett has been allowed to continue to host outdoor live music. We are simply asking that the  Planning Director’s well-reasoned determination be upheld. 

Unfortunately, Mr. Shiplett provided an incorrect definition of “outdoor auditorium” in his petition for appeal to the Planning Commission Board. Relying on this definition, the Planning  Commission Board created a new rule that would allow any restaurant—even one in a residential neighborhood—to host live, electrified bands in their outdoor patio or courtyard, regardless of the impact on surrounding family homes. This incentivizes venue operators like Mr. Shiplett to pit their interests against those of music lovers and families who simply want to live in peace.  

We are frustrated that Mr. Shiplett has been allowed to continue with these outdoor concerts despite the clear language of the zoning code. We welcome the opportunity to present our case to the City Council. 

Laura E. Lawson, Attorney for Carrie Price